The very agencies created to protect our environment have been hijacked by the polluting industries they were meant to regulate. It may just turn out that the judicial system, our children and their children will save us from ourselves.
The new legal framework for this crusade against global warming is called atmospheric trust litigation. It takes the fate of the Earth into the courts, arguing that the planet’s atmosphere – its air, water, land, plants and animals — are the responsibility of government, held in its trust to insure the survival of all generations to come. It’s the strategy being used by Bill’s recent guest, Kelsey Juliana, a co-plaintiff in a major lawsuit spearheaded by Our Children’s Trust, that could force the state of Oregon to take a more aggressive stance against the carbon emissions.
It’s the brainchild of Mary Christina Wood, a legal scholar who wrote the book, Nature’s Trust, tracing this public trust doctrine all the way back to ancient Rome.
Wood tells Bill: “If this nation relies on a stable climate system, and the very habitability of this nation and all of the liberties of young people and their survival interests are at stake, the courts need to force the agencies and the legislatures to simply do their job.”