“[t]he state has a constitutional obligation to protect the public’s interest in natural resources held in trust for the common benefit of the people.”138 The decision addressed both the threat of climate change and ocean acidification.139 In early 2016, the Washington Department of Ecology withdrew the proposed rule to reduce GHG emissions.140 The youth went back to court seeking an order to force the Washington Department of Ecology to continue the rulemaking in a timely manner.141 Described as “a surprise ruling from the bench,” the Superior Court ordered the Washington Department of Ecology “to promulgate an emissions reduction rule by the end of 2016 and make recommendations to the state legislature on science-based greenhouse gas reductions in the 2017 legislative session.”142 The ruling also requires consultation with the youth petitioners before the recommendations are issued.143 The decisions are important to the instant Petition because it demonstrates a growing recognition of the right to a healthy atmosphere. The Judge stated in the 2015 decision, “[i]f there ever were a time to recognize through action this right to the preservation of to healthful and pleasant atmosphere, the time is now…”.144 The time is now for the Honorable Commission to recognize the Petitioners’ right to a healthy atmosphere and the urgent need for the Carbon Majors Respondents to take responsibility for human rights impacts associated with companies’ carbon production. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 19, 2016) [hereinafter Foster et. al v. Washington Department of Ecology]; for an overview of the “Atmospheric Trust Legal Actions,” please see Our Children’s Trust, Legal Action, http://ourchildrenstrust.org/Legal (last accessed on Apr. 19, 2016). 138 Id. at 8. 139 Id. 140 Our Children’s Trust, Washington, http://ourchildrenstrust.org/state/Washington (last accessed on Apr. 29, 2016) 141 Id. 142 Our Children’s Trust, Press Release, Youths Secure Second Win in Washington State Climate Lawsuit, Apr. 29, 2016, http://ourchildrenstrust.org/sites/default/files/2016.04.29WAFinalRulingPR.pdf (last accessed on Apr. 29, 2016). 143 Id. 144 Foster et. al v. Washington Department of Ecology, at 9. ! ! ! ! ! 53 !

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