Superior Court must rule on complaint against Raimondo Administration

[Peter Nightingale]

Forwarding a message from Nature's Trust RI (Natures...@pobox.com),
—Peter

---

Nature’s Trust Rhode Island announces a milestone in its climate change lawsuit against the Rhode Island Department of Environmental Management.

Dear All, We sent out the following press release. Providence, Rhode Island, Monday, January 13, 2020 — Nature’s Trust Rhode Island announces a milestone in its climate change lawsuit against the Rhode Island Department of Environmental Management. The suit was filed in November of 2018 to compel the State of Rhode Island, based on the best available science and principles of environmental justice, to propose explicit rules for public comment to limit greenhouse gas emissions causing the mushrooming climate catastrophe.   Expressing frustration with the lack of a meaningful response thus far, Chloe Moers, a student at the Met High School in Providence and a board member of Nature's Trust Rhode Island said: “There are wild fires, 'natural' disasters and suffering happening on earth right now, and we have been the proven cause of it. It is time to fight for basic human rights. It is time to make where we are a liveable planet, not just for us but for future generations and for all those, human and not human, who have been affected by global warming. There is no time to debate what has been already proven. It is time to act or it may be too late.” Indeed, more than a year ago, on behalf of Rhode Island's younger generation, Nature's Trust Rhode Island filed a petition asking the Raimondo administration to respond to the flood of scientific studies that urge prompt, unequalled climate action. Exactly when the Intergovernmental Panel for Climate Change (IPCC) called for “unprecedented changes in all aspects of society,” the Raimondo administration brushed the ask aside. Nature's Trust Rhode Island responded by filing a complaint in Superior Court in Providence. Since then, as climate calamities continue to escalate at ever-increasing rate, over 11,000 scientists declared a state of climate emergency. And yet, the Raimondo administration has not developed a sound action plan. Nor has the Science & Technical Advisory Board (STAB), required by Rhode Island law, met in recent months to discuss the situation. Moreover, because of objections raised by the Raimondo administration, Nature's Trust Rhode Island's request for discovery, a normal next step in litigation to narrow the issues the court has to decide, has been pending for more than six months. A month ago, the Raimondo administration, once again ignoring the merits of the case and the climate emergency, asked the Superior Court to dismiss the lawsuit, asserting that the court lacks authority to even review the administration’s denial of the September 2018 petition. Nature's Trust Rhode Island is filing an extensively documented response that makes it clear that the court not only has the right, but in fact has the duty to hear this very important case. Among other factors, Nature's Trust Rhode Island legal counsel noted that a dozen years ago Rhode Island, joining a dozen other states, took exactly the opposite position when the federal Environmental Protection Agency denied a similar petition concerning climate change. The United States Supreme Court in response issued a very strong decision requiring the federal courts to closely scrutinize the denial of such petitions.   Philip Tierney, a 15 year old student form Providence, said: "If we can't do this in court, then they are pushing us into the streets -- is that what they really want?" Sister Mary Pendergast, Ecology Director at Sisters of Mercy of the Americas, added: "Mercy Ecology, impelled to act on behalf of Earth, our common home, is appalled by the actions of our governor and our Department of Environmental Management. The very offices, (and people) who should be standing in solidarity with the cries of the generations who will be living with their decisions are reneging on their obligations. Clearly, justice demands that the voices of the youth be heard." As ordered by the judge at the end of last October, the administration will have fifteen days to reply to Nature's Trust Rhode Island's response to DEM's motion to dismiss the case. After the various rounds of back and forth the court will schedule a hearing, probably toward the end of February. Best regards< Peter Nightingale for Nature's Trust Rhode island Sent via Action Network, a free online toolset anyone can use to organize. Click here to sign up and get started building an email list and creating online actions today. Action Network is an open platform that empowers individuals and groups to organize for progressive causes. We encourage responsible activism, and do not support using the platform to take unlawful or other improper action. We do not control or endorse the conduct of users and make no representations of any kind about them. You can unsubscribe or update your email address or change your name and address by changing your subscription preferences here.