An excellent article in The Atlantic, brought to my attention through www.scotusblog.com, discusses an ongoing lawsuit over climate change, and the government’s [lack of] policies towards it, that may highlight an early effect of the replacement on the Supreme Court from Justice Kennedy to Justice Kavanaugh. There is a general rule that those with non-individual “generalized grievances” are not allowed (do not have “standing”) to bring lawsuits challenging government policy. In Juliana v. United States, the plaintiffs are 21 young people throughout the U.S., who all claim they live in areas negatively affected by climate change and have been directly injured as a result.
The government has tried to have the case thrown out on the standing issue, but the federal Courts in California refused to stop the case as it headed for trial. With Justice Kennedy on the bench, the Supreme Court refused to stop the lawsuit. With Justice Kavanaugh now on the Court, the Court blocked the trial and ordered the plaintiffs’ lawyers to respond to the issue. Though environmental issue lawsuits have proceeded before, the government wants Juliana stopped in its tracks. What the Supreme Court does may have consequences for everyone.
As an aside, some readers may know of my lawsuit in the Commonwealth of Northern Mariana Islands, an American trust territory in the Pacific Ocean. The CNMI was devastated last week by Typhoon Yutu. During my travels to Saipan (the largest inhabited CNMI island) for the lawsuit, I met many wonderful people, and I not only want people to keep the CNMI in their thoughts, but I also want our government to do what is necessary to help a population that is largely American and who desperately need large-scale assistance. Many people do not know the CNMI exists, and it is easy to ignore the area because it is far away and there is tragedy here on the mainland that deservedly has our attention. But I am hoping the Feds come through with aid to the CNMI soon. Individuals can assist at the Red Cross.
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
