Mountain Media, LLC
  • West Virginia News
    • Around The State
    • By Paper
      • Mountain Messenger
      • Pocahontas Times
      • Parsons Advocate
      • Pendleton Times
      • Clay County Free Press
      • Calhoun Chronicle
      • Shinnston News
    • By County
      • Greenbrier County
      • Clay County
      • Harrison County
      • Calhoun County
      • Pocahontas County
      • Pendleton County
      • Tucker County
  • Virginia Media, INC
    • Around The State
    • By Paper
      • The Enterprise
      • Fincastle Herald
      • Henry County Enterprise
      • News Messenger
      • News Journal
      • Vinton Messenger
      • New Castle Record
      • Salem Times Register
    • By County/City
      • Botetourt County
      • Henry County
      • Radford
      • Christiansburg/Blacksburg
      • Patrick County
      • Vinton
      • Roanoke
      • Salem
      • Craig County
  • National News
  • About Us
  • Submit Content
  • Contact Us
  • Classifieds
  • Login
  • My account
Subscribe For $2.50/Month
No Result
View All Result
MM, LLC
  • West Virginia News
    • Around The State
    • By Paper
      • Mountain Messenger
      • Pocahontas Times
      • Parsons Advocate
      • Pendleton Times
      • Clay County Free Press
      • Calhoun Chronicle
      • Shinnston News
    • By County
      • Greenbrier County
      • Clay County
      • Harrison County
      • Calhoun County
      • Pocahontas County
      • Pendleton County
      • Tucker County
  • Virginia Media, INC
    • Around The State
    • By Paper
      • The Enterprise
      • Fincastle Herald
      • Henry County Enterprise
      • News Messenger
      • News Journal
      • Vinton Messenger
      • New Castle Record
      • Salem Times Register
    • By County/City
      • Botetourt County
      • Henry County
      • Radford
      • Christiansburg/Blacksburg
      • Patrick County
      • Vinton
      • Roanoke
      • Salem
      • Craig County
  • National News
  • About Us
  • Submit Content
  • Contact Us
  • Classifieds
  • Login
  • My account
No Result
View All Result
Mountain Media, LLC
  • Virginia News
  • West Virginia News
  • National News
  • Login
  • My account
  • Subscribe

Virginia judge dismisses youth climate change lawsuit

September 17, 2022
in VA State News
Reading Time: 3 mins read
Share on FacebookShare on Twitter

RICHMOND, Va. (AP) — A Virginia judge on Friday dismissed a lawsuit filed on behalf of 13 young people who claim that the state’s permitting of fossil fuel projects is exacerbating climate change and violating their constitutional rights.

The lawsuit filed by Our Children’s Trust, an Oregon-based nonprofit public interest law firm, asked the court to declare portions of the Virginia Gas and Oil Act unconstitutional. It also seeks to find the state’s reliance on and promotion of fossil fuels violates the rights of the plaintiffs, who range in age from 10 to 19.

But Richmond Circuit Court Judge Clarence Jenkins Jr. granted the state’s request to dismiss the lawsuit, finding that the complaint is barred by sovereign immunity. That’s a legal doctrine that says a state cannot be sued without its consent. The state argued that sovereign immunity prohibited the plaintiffs’ claims because they sought to restrain the state from issuing permits for fossil fuel infrastructure and to interfere with governmental functions. The judge did not rule on the merits of the plaintiffs’ constitutional claims.

The lawsuit is one of five filed by Our Children’s Trust in states around the country. Lawsuits in Hawaii and Utah are in the early stages, while a lawsuit it Montana is expected to go to trial next year. A federal lawsuit filed in Oregon in 2015 remains in litigation after the 9th U.S. Circuit Court of Appeals ruled against the plaintiffs last year. They have since asked to file a more narrow amended complaint and are awaiting a decision.

Jenkins ruled from the bench and dismissed the lawsuit with prejudice, meaning it cannot be refiled again in the same court. Their attorney, Nathan Bellinger, said they will promptly appeal the ruling to the state Court of Appeals.

Ten of the plaintiffs — accompanied by their parents — listened in court as Bellinger said the state is knowingly contributing to the climate crisis by continuing to rely on fossil fuels as its main energy sources and polluting the atmosphere with greenhouse gas emissions. He asked the judge to allow the case to proceed to trial.

The lawsuit alleges that climate change has contributed to health problems experienced by the plaintiffs, including asthma and heat exhaustion. Four of the plaintiffs have become ill after being bitten by ticks, a population that has increased due to climate change, Bellinger said.

It also claims that Virginia has violated the public trust doctrine, which says that the state has a duty to hold certain natural resources in trust.

“These courageous Virginia youths … are turning to the judiciary to protect their fundamental rights,” Bellinger argued in court.

Bellinger said the Virginia lawsuit is the first to leave out a request for an injunction to require the state to take certain actions or to submit a remedial plan. Instead, it asked only for a declaration that the continued permitting of fossil fuel projects violated the plaintiffs’ rights.

But attorneys for the state argued that the plaintiffs are attempting to usurp the role of the state legislature and impose their preferred energy and environmental policies on the state.

“Simply put, this action belongs two blocks over at the General Assembly and not before this court,” said Assistant Attorney General Thomas Sanford.

After the court hearing, several of the plaintiffs spoke during a news conference where they held a large banner proclaiming, “Climate Justice in our Courts NOW!”

An 18-year-old identified in the lawsuit as “Layla H.” said she has experienced everything from heat exhaustion to flooding due to climate change. The lawsuit says “an extreme precipitation event” in 2018 flooded the basement of her family’s home, causing water damage and mold growth that cost approximately $17,000 to remediate.

She said she’s tired of inaction on the part of state leaders.

“Every alarm bell has been rung, and yet, nothing,” she said. “We will not wait any longer to do what must be done.”

ShareTweet

Related Posts

Last living suspect in 1996 drive-by shooting of Tupac Shakur indicted in Las Vegas on murder charge

September 30, 2023

LAS VEGAS (AP) — A man who prosecutors say ordered the 1996 killing of rapper Tupac Shakur was arrested and charged with...

United Auto Workers strikes spread as 7,000 more workers at two plants join the picket line

September 30, 2023

DETROIT (AP) — The United Auto Workers union expanded strikes against Detroit automakers Friday, ordering 7,000 more workers to walk...

Sen. Dianne Feinstein of California, trailblazer and champion of liberal priorities, dies at age 90

September 30, 2023

WASHINGTON (AP) — U.S. Sen. Dianne Feinstein of California, a centrist Democrat and champion of liberal causes who was elected to the...

December grand jury returned 42 indictments

Jury acquits delivery driver of main charge in shooting of YouTube prankster

September 29, 2023

LEESBURG, Va. (AP) — A jury on Thursday found a delivery driver not guilty in the shooting of a YouTube...

What to know and what’s next for Travis King, the American soldier who ran into North Korea

September 29, 2023

DALLAS (AP) — An American soldier who sprinted into North Korea and was held there for two months before being returned to...

Thursday’s Scores

September 29, 2023

PREP FOOTBALL= Brunswick Academy 49, Fuqua School 6 Graham 41, Marion 13 Hopewell 28, Colonial Heights 0 Nottoway 48, Cumberland...

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

  • My account
  • Subscribe
Call us: +1 234 JEG THEME

© 2021 Mountain Media, LLC

No Result
View All Result
  • Login
  • Sign Up
  • Cart
  • West Virginia News
    • Around The State
    • By Paper
      • Mountain Messenger
      • Pocahontas Times
      • Parsons Advocate
      • Pendleton Times
      • Clay County Free Press
      • Calhoun Chronicle
      • Shinnston News
    • By County
      • Greenbrier County
      • Clay County
      • Harrison County
      • Calhoun County
      • Pocahontas County
      • Pendleton County
      • Tucker County
  • Virginia Media, INC
    • Around The State
    • By Paper
      • The Enterprise
      • Fincastle Herald
      • Henry County Enterprise
      • News Messenger
      • News Journal
      • Vinton Messenger
      • New Castle Record
      • Salem Times Register
    • By County/City
      • Botetourt County
      • Henry County
      • Radford
      • Christiansburg/Blacksburg
      • Patrick County
      • Vinton
      • Roanoke
      • Salem
      • Craig County
  • National News
  • About Us
  • Submit Content
  • Contact Us
  • Classifieds
  • Login
  • My account

© 2021 Mountain Media, LLC

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Sign in
  • New account

Forgot your password?

Lost your password? Please enter your email address. You will receive mail with link to set new password.

Back to login