Eight young Alaskans reignite a court fight over climate change and fossil fuel development in Alaska

Trending 3 months ago
ARTICLE AD BOX
A young female successful a bluish puffy overgarment and navy beanie poses wrong of a glacial crystal cave.Linnea Lentfer is 1 of 8 plaintiffs represented by Our Children’s Trust successful a suit against nan authorities complete ambiance alteration and fossil substance development. (Photo courtesy Our Children’s Trust)

Linnea Lentfer grew up successful Gustavus, a municipality of 600 group tucked into nan vast, scenic wilderness of Glacier Bay National Park successful Southeast Alaska. 

Her begetter first group eyes connected Gustavus connected a precocious schoolhouse biology trip, visiting from adjacent Juneau. 

“[He] fell successful emotion pinch nan spot and past stayed for nan community,” Lentfer said. “And that’s really we ended up successful Gus.” 

Lentfer was raised pinch a heavy consciousness of relationship to nan situation astir her. But she said ambiance alteration is making her hometown unrecognizable. Glaciers surrounding nan municipality are quickly retreating. Drought and warming oceans frighten nan salmon her family fishes for each summer.

“There’s this really eerie, scary mobility of salmon,” she said. “Whether runs are going to travel back.”

Lentfer is 20 and now a student astatine Carleton College successful Minnesota. She said she’d for illustration to return to Gustavus to raise a family 1 day, but worries that nan things she loves champion astir nan organization are disappearing.

“There’s nary measurement that I tin ideate that being a realistic thing, that I would beryllium capable to raise children nan aforesaid measurement I was raised pinch really accelerated things are changing,” she said.

Lentfer and 7 different Alaskans betwixt nan ages of 11 and 22 are plaintiffs successful a caller ambiance suit against nan state. Their case, Sagoonick v. State II, argues that nan Alaska constitution includes a correct to a livable climate.

They’re asking nan tribunal to artifact nan state-backed connection for a monolithic earthy state pipeline, known arsenic nan Alaska LNG project. Alaska leaders person based on complete nan pipeline for 4 decades, and its $44 cardinal value tag has truthful acold prevented it from moving forward. But Andrew Welle, an lawyer representing nan plaintiffs said nan authorities shouldn’t moreover beryllium pursuing it.

“This task would perfectly detonate Alaska’s emissions astatine a clip erstwhile scientists are telling america we request to beryllium moving precisely successful nan other guidance and reducing ambiance contamination arsenic accelerated arsenic possible,” he said.

Welle is simply a elder lawyer for Our Children’s Trust, nan nonprofit representing nan 8 young Alaskans. 

The Oregon-based nonprofit has revenge dozens of lawsuits astir nan state connected behalf of young group demanding much action connected ambiance change.

The strategy has had mixed results. Our Children’s Trust won a akin suit successful Montana past summer. But conscionable past period national judges dismissed its landmark lawsuit Juliana v. United States.

Alaska is experiencing ambiance alteration twice arsenic fast arsenic nan remainder of nan country. At nan aforesaid time, fossil substance accumulation has been nan cardinal driver of its system for much than 50 years. The lipid and state manufacture supports thousands of jobs and successful caller years, provided half of nan state’s yearly revenue. 

Leila Kimbrell, caput of nan Alaska Resource Development Council, said nan correct to create earthy state and different resources was written into nan constitution erstwhile Alaska became a state.

“We person a batch of earthy resources, and nan statement was that nan authorities would trust connected nan improvement of its earthy resources truthful arsenic not to go wholly reliant connected nan national government,” Kimbrell said.

In a statement, Alaska Attorney General Treg Taylor called nan suit “misguided.” He based on that Alaska’s strict biology standards make it a better, much responsible spot to nutrient earthy state than elsewhere successful nan world.

A spokesperson for nan state-owned Alaska Gasline Development Corporation, a named suspect successful nan lawsuit, said nan task carries “substantial environmental, economic, and power information benefits” for Alaska and said AGDC would beryllium reviewing nan claims.

Our Children’s Trust has revenge two similar lawsuits successful Alaska successful nan past 15 years. Both were dismissed by nan authorities ultimate court. 

Bruce Botelho, erstwhile authorities lawyer wide nether Govs. Walter Hickel and Tony Knowles said this lawsuit has a amended chance of making it to trial, because it targets a circumstantial fossil substance project.

“My consciousness is that it will past a mobility to dismiss,” he said. “How overmuch farther it will get is difficult to say.”

The Alaska constitution directs nan authorities to some create and conserve earthy resources for nan maximum use of its people. It besides protects nan “natural correct to life [and] liberty.”

Botelho said betwixt those 2 protections he thinks location is simply a bully statement to beryllium made that nan authorities constitution does supply nan correct to a liveable climate. But moreover if nan tribunal recognizes that right, that doesn’t mean it would extremity each of Alaska’s fossil substance development. 

“No correct successful nan constitution is absolute,” he said. “What is for nan maximum use of nan group is simply a determination that must beryllium made, first and foremost, by nan legislature and carried retired by nan executive.”

He said moreover if nan tribunal ruled to artifact nan Alaska LNG project, it will beryllium up to nan legislature to equilibrium early ambiance concerns and assets development.

Michael Burger, executive head of Columbia Law School’s Sabin Center for Climate Change Law, said sloppy of outcome, this lawsuit and others brought by Our Children’s Trust are pushing nationalist sentiment connected ambiance argumentation forward.

“Just by kindness of bringing these cases, mobilizing nationalist attention, putting nan impacts and nan issues of ambiance alteration beforehand and halfway … I deliberation that these cases person been very precocious impact, moreover wherever they person mislaid successful court.”

Sagoonick v. State II is awaiting action successful authorities superior court. Our Children’s Trust is preparing for proceedings connected different younker ambiance suit successful Hawaii astatine nan extremity of this month. 

a image of a female outside

More
Source Alaska Public
Alaska Public