Chair Deborah Kafoury, County Commissioners will join youth plaintiffs at climate rally

June 3, 2019

Multnomah County Chair Deborah Kafoury and County Commissioners will join the young people who are currently suing the federal and state governments for failing to protect public trust resources (60 Minutes ‘Lawsuit that could put climate change on trial’) as the Ninth Circuit Court of Appeals takes up their case, Juliana v. United States, on  Tuesday, June 4, in Portland.

“Our children have the right to a stable climate,” said Chair Kafoury, “and the sad truth is that we as adults are failing them. It is time for all levels and branches of government to realize that we have no time left, that we must act now, and that it is our duty to act when the public trust is under threat."

The youth assert that the federal government, by its actions that create climate change, is depriving them of their constitutional rights to life, liberty and property, and is failing to protect essential public trust resources.

On Tuesday, June 4, a three-judge panel from the U.S. Ninth Circuit Court of Appeals will decide whether the Juliana plaintiffs will go to trial against the Trump administration. The lawsuit was scheduled to begin trial on Oct. 29, 2018, in Eugene, Oregon. The Court, in a 2-1 decision, granted the Trump administration’s request for an early (interlocutory) appeal in the case. In January, the Court granted plaintiffs’ request to expedite the briefing schedule, which put the appeal on a fast-track.

Commissioners join plaintiffs and other youth in Juliana at a press conference in March.
The lead plaintiff, Kelsey Juliana, is also part of an Oregon state case, Chernaik v. Brown, in which the youth plaintiffs argue the state has a duty to protect public trust resources. In March, the Multnomah County Board of Commissioners filed a “friend of the court” petition in the state of Oregon case, asserting the state has a duty to protect public trust resources.

In a recent victory for the youth plaintiffs in Chernaik v. Brown, the Oregon Supreme Court granted review for their case. The Court also granted Multnomah County “friend of the court” status that allows the County to submit a merits brief detailing the County’s position as to why governments at all levels, under the public trust doctrine, have a duty to protect the climate for future generations. The public trust doctrine is a longstanding doctrine whereby government holds vital natural resources in “trust” for the public; the beneficiaries of this trust are present and future generations.

By seeking to file a brief in support of the youths’ case, Multnomah County is the first government jurisdiction in the country to publicly support the plaintiffs’ positions in both Chernaik v. Brown and Julianna v. United States, and to assert that government does have an affirmative duty to protect the atmosphere from the negative effects of climate change.

“It is inspiring to see the next generation taking a stand to make changes that will impact not only their lives, but the lives of youth around the world. Their work, and their cause, is essential for the future of our planet,” said District 2 Commissioner Susheela Jayapal.  

“I am proud that Multnomah County is standing alongside the youth plaintiffs in the climate suits,” said Multnomah County District 1 Commissioner Sharon Meieran. “The activism of these and other young people inspires my work to seek policy solutions to stop the threat of climate change.”

"The climate crisis is the defining issue of our time. We are seeing ocean levels rise faster than expected, wildfire seasons becoming longer and more devastating, and droughts becoming more frequent and severe," said District 3 Commissioner Jessica Vega Pederson. "This crisis is going to impact future generations more than anyone else. That's why we're so proud of these students for leading the way in fighting for climate justice."

“It is absolutely imperative that this generation’s voices be acknowledged and heard. I am inspired by their courage and determination to save our planet. There is too much at stake if we pretend that climate change is not affecting us. I am so pleased that Multnomah County has joined their efforts” said District 4 Commissioner Lori Stegmann.

Board members plan to attend a youth-led gathering at Director Park between 1:30 p.m. and 3:30 p.m. You can read more about the County’s position in the case here.

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