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Friday, June 29, 2012
Judge Allows Climate Change Case to Continue in New Mexico Court
Denies Defendants Motion to Dismiss Landmark Climate Change Case
Contact: Samantha Ruscavage-Barz 505 988-9126 x1158
Santa Fe, NM – Today, Judge Sarah Singleton ruled from the bench, denying in part defendants’, Governor Susana Martinez and the State of New Mexico, motion to dismiss youth plaintiff’s amended complaint for declaratory and injunctive relief. Plaintiffs requested a declaratory judgment regarding the State’s Public Trust obligations to protect the atmosphere as a public trust resource for the benefit of present and future generations. Plaintiffs also requested that the court order defendants to implementing a climate recovery plan based on best available science.
On May 4, 2011, 16-year-old Akilah Sanders-Reed and WildEarth Guardians filed a lawsuit against Governor Martinez and the State of New Mexico, No. D-101-CV-2011-1514, to compel the State to prevent further increases in carbon dioxide (CO2) emissions and to compel government action in reducing CO2 emissions. Though Akilah is young, she has been fighting to protect the environment for many years through environmental service projects along the Rio Grande and educating the youth of the State about the imminence of the climate change crisis through her leadership role in Kids vs. Global Warming. WildEarth Guardians works to replace fossil fuels with clean, renewable energy in order to safeguard public health, the environment, and the Earth’s climate for future generations.
The New Mexico lawsuit is part of a larger, innovative climate litigation strategy—the international iMatter Trust Campaign. As part of this campaign, youth plaintiffs launched legal actions in 49 states and the District of Columbia, in addition to a federal lawsuit.
Akilah’s and WildEarth Guardians’ drive in entering the lawsuit also comes from the alarming research of our nation’s top scientists. According to leading climate scientist Dr. James Hansen, “the science is crystal clear—we must rapidly reduce fossil fuel carbon dioxide emissions if we are to have a chance of protecting Earth’s natural systems for these young people.”
During a hearing on the State’s motion to dismiss the case back in January, the court provided plaintiffs leave to amend their complaint to refine the relief they sought and to specify specific government actions causing harm. The court did acknowledge during the hearing that the case could be brought as a public trust case and that the atmosphere could be found to part of the public trust. In their amended complaint plaintiffs alleged that the State has failed to enact a statutory scheme to protect the atmosphere and that the State has completely failed to protect the atmosphere trust resource by repealing the existing regulatory scheme for greenhouse gases in New Mexico.
Judge Singleton is allowing the case to go forward to address the issue of whether the state agency charged with protecting the atmosphere has met its public trust responsibility.
According to Samantha Ruscavage-Barz, attorney for plaintiffs, “today’s decision brings New Mexico citizens and youth one step closer to holding the State and the Governor accountable for their failure to protect the next generation from the irreversible impacts of climate change.”
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