Nearly 350,000 People Demand the Biden Administration and U.S. Department of Justice End the Opposition to Youth Climate Case
WASHINGTON – Yesterday, two petitions signed by hundreds of thousands of intergenerational individuals were digitally delivered to President Biden and Attorney General Garland urging an end to the Department of Justice’s (DOJ) relentless opposition to America’s youth-led constitutional climate lawsuit, Juliana v. United States. Nearly 350,000 signatures were co-delivered by world renowned author and co-founder of 350.org and Third Act, Bill McKibben, and the youngest ever White House Environmental Justice advisor and Co-Founder of Waic Up, Jerome Foster II.
After a nearly ten-year epic battle to get to trial, the 21 young Americans have filed a petition in the United States Supreme Court for a writ of mandamus to the Ninth Circuit Court of Appeals to reverse an egregious error. This petition seeks to correct a decision by a three-judge panel in the Ninth Circuit, who did not follow the rule of law and precedent, and flagrantly disregarded the limits Congress and the Supreme Court placed on its jurisdiction when it granted the seventh mandamus petition brought against the district court in Juliana in nearly a decade. The DOJ has relentlessly pursued a strategy of using petitions for writs of mandamus—a rare and extraordinary legal tool—against Judge Ann Aiken, the trial judge in Juliana. The panel’s decision disregarded the Supreme Court’s three mandatory conditions for issuing a writ of mandamus. The DOJ’s petition did not even address or come close to meeting the criteria.
In addition to the mandamus petition, the Juliana plaintiffs have also filed simultaneously an application to Justice Kagan for an extension of time in which to file a petition for a writ of certiorari with the Supreme Court by December 9, 2024, as they explore all legal avenues available to them. Yesterday, they sent a settlement letter to the Biden administration asking that it finally come to the table in meaningful settlement talks and end the extraordinary litigation tactics by the Justice Department. In an effort to urge the administration to come back to the settlement table, individuals from the U.S. and around the world have signed the petitions.
“Today, I am proud to deliver these petitions to the President and Attorney General in support of the 21 young plaintiffs in Juliana v. U.S. Our ability to breathe clean air, drink clean water, and live free from the pollution harming our planet and our children are fundamental freedoms we risk losing,” said Bill McKibben, who further urged President Biden to come back to the settlement table on Juliana, to secure his legacy as America’s Climate President realizing this timely “opportunity for the administration to show their commitment to climate action, to youth, and to the future!”
A global petition, hosted by Avaaz and directed to President Biden, was signed by 326,971 individuals and states, “As global citizens, we urgently call on you to let the Juliana v. United States case proceed to trial without any further delays or obstructions from the US Department of Justice. You’ve said that you support youth and want to address the climate crisis, but your government is abusing emergency powers in an unprecedented attempt to rip this case out of the normal legal process.” The other petition, hosted by Friends of the Earth United States and directed to President Biden and Attorney General Garland, garnered 12,436 signature pleas stating, “We urge you to end Department of Justice opposition to Juliana v. United States proceeding to trial. These young Americans have the right to be heard by their nation’s courts and their claims should proceed like any other constitutional case.” Together, they gave voices to a total of nearly 350,000 individuals across the United States and around the world.
Kaitlin Hansen, Senior Campaigner at Avaaz, stated, “They’ve survived fires and floods, and after nearly 10 years they deserve their day in court. These brave young people aren’t just fighting for themselves, they fight for the right to clean air, safe water, and a livable climate for people everywhere. America’s pollution is global pollution, and more than 325,000 people from across this fragile globe are pleading for President Biden to let Juliana proceed to trial. Biden is banking on the Inflation Reduction Act to enshrine his legacy as a climate champion. If he blocks this case, that legacy will go the same way as these youngsters’ homes. Up in smoke.”
“Friends of the Earth is proud to stand next to the Juliana 21 in their ongoing fight for environmental justice,” said Hallie Templeton, Legal Director at Friends of the Earth. “Although the climate crisis waits for no one, the government is doing all it can to delay a meaningful response. Now the voices of hundreds of thousands of individuals are adding to the resounding demand: the DOJ must do its part to prevent climate catastrophe and prioritize our future over fossil fuels.”
While hundreds of thousands of people have signed these petitions, this is still only a fraction of the individuals who have taken action to urge the DOJ to end their opposition to Juliana proceeding to trial. In June 2023, the People vs. Fossil Fuels coalition of over 1,200 organizations digitally delivered a petition to the DOJ and Attorney General Garland on behalf of 50,666 individuals. Beginning in February 2024, Our Children’s Trust launched the #SaveJuliana campaign and more than 74,000 letters, thus far, have been emailed to President Biden, Senior Advisor Podesta, Attorney General Garland, and Solicitor General Prelogar through separate, ongoing actions hosted by the People vs. Fossil Fuels coalition and the Action for the Climate Emergency. More than 100 organizations of the #SaveJuliana coalition and their members have also joined the fight. The coalition unifies climate, public health, children’s, legal, minority, business, faith, human rights, and environmental justice organizations, including Elders for Climate Action, Fridays for Future chapters, Friends of the Earth, GreenFaith, Oxfam America, Physicians for Social Responsibility chapters, 350.org chapters, and Zero Hour. Supporters recognize the weight of this case – its win would force the United States, the biggest contributor to climate change in the world, to make systemic change and phase out fossil fuels.
Julia Olson, Co-executive Director and Chief Legal Counsel of Our Children’s Trust, said “Our petition to the Supreme Court is essential to correct this overreach by the Ninth Circuit and uphold the rule of law,” said Chief Legal Counsel Julia Olson. “It is crucial that the Court address this indisputable wrong and reaffirm respect for the Court’s own orders in Juliana, for its precedent that binds the lower courts, for Congress’s limits on the circuit court’s jurisdiction, and to ensure fair process for these young litigants and everyone else going up against the Justice Department. Upholding these principles of fair process is vital for maintaining trust in our judicial system, regardless of what the Justices may think about the merits of the case.”
“I grew up in a community filled with lead-lined pipes and pollution-filled skies. My community represents a story told far too often. In 2018, when I was a high school student, I spoke on the front steps of the Supreme Court at a rally for Juliana, not only for myself, but for the disillusionment and disappointment my generation felt very deeply. Since the 1980s, United States elected officials have denied and delayed climate action, but the Juliana 21 sparked a change in this country that is long overdue,” declared Jerome Foster II. “Their case must be heard. My generation deserves our day in court to fight for our planet. Greed will not dictate our freedom, our rights, or what happens in this country. The power of the people must dictate the actions of our government. We hold our government accountable for having known the destruction of our air and land. Everyday they do not act, they choose profit over life, they choose greed over our future.” This past Earth Day weekend, Foster spoke at the “My Voice. My Rights. Our Future.” rally at the White House, joining youth plaintiffs from Juliana, Held v. Montana, Genesis v. EPA, and Layla v. Virginia, and hundreds of their supporters to demand the Juliana case be heard.
Represented by attorneys at the nonprofit public interest law firm, Our Children’s Trust, Juliana v. United States was originally filed in 2015. The Juliana plaintiffs argue in their complaint that their federal government has directly contributed to the climate crisis more than any other government on the planet — including creating a fossil fuel energy system that causes and worsens climate change — and thus is harming the youth plaintiffs, violating their constitutional rights to life, liberty, and property, as well as failing to protect essential public trust resources and the children’s rights of equal protection of the law. The youth plaintiffs are now between the ages of 16 and 28.
Communications contact: Brittany Miller, [email protected], (202) 222-0746