A group of young people who lost their landmark climate challenge against the federal government in May are employing an unusual legal tactic to convince the Supreme Court to revive their case.
Our Children’s Trust, the Oregon-based law firm that represents the young climate activists, on Thursday filed what the Supreme Court has called “one of the most potent weapons in the judicial arsenal” — a petition for a writ of mandamus that seeks to force a federal appeals court to reverse the youths’ loss.
“For nearly a decade, these 21 youth plaintiffs have sought to vindicate their claims of mounting injuries to their fundamental constitutional rights to life and liberties resulting from the government’s national energy system,” Our Children’s Trust told the Supreme Court in its petition. “Mandamus relief is an ‘extraordinary remedy’ appropriate for the ‘exceptional circumstances’ now before this court.”
Environmental lawyers have warned the young activists against bringing the case — Juliana v. United States — to the high court because of concerns that the conservative supermajority could use the case to stifle other climate lawsuits.
