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A landmark approach to environmental law

7/18/2016

The Environmental & Natural Resources Law Clinic and its director are at the center of a landmark legal case that went before a Pennsylvania court this summer for oral argument.

Associate Professor Kenneth T. Kristl and the clinic are providing pro bono representation in coordination with Our Children’s Trust, a nonprofit organization dedicated to leading environmental justice campaigns that will cut carbon dioxide emissions in the name of a healthier planet for future generations.

Kristl presented oral argument in the Commonwealth Court of Pennsylvania on behalf of seven youths who are clinic clients organized by Our Children’s Trust, and who serve as petitioners in the lawsuit. They want the commonwealth of Pennsylvania to declare their rights and order numerous state agencies to take steps to regulate carbon dioxide and other greenhouse gases.

Their case rests on a provision in the Pennsylvania Constitution that creates two sets of rights for Pennsylvanians: 1.) the right to clean air, pure water and the preservation of natural, scenic, historic and aesthetic values of the environment and 2.) the right to benefit from requirements that the state government conserve and maintain those resources for the benefit of present and future generations. The youths argue that these provisions require actions to remedy and prevent environmental damages caused by climate change.

The court arguments centered on objections filed by state agencies and officials, who seek to have the case dismissed.

“While the legal issues are wide-ranging and complex, we argued for the court to overrule the objections and allow us to go to a trial, where we will present a compelling case for the commonwealth to take action to fully address climate change,” Kristl said.

“The clinic and our law students are proud to represent these amazing and brave youth petitioners,” he continued. “It is a historic challenge and one of the first nationally to approach climate change from this legal angle – and Delaware Law students are right in the thick of it.”