“[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.
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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.
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