Climate change lawsuit filed by Alaska youth goes to court

National Court News

The state has argued in court that a climate change lawsuit filed by 16 young Alaska residents should be thrown out because climate policies must be decided by the state Legislature and the executive branch, not the courts.

The state and plaintiffs argued their cases on Monday before an Anchorage judge in a hearing to decide if the lawsuit should advance, Alaska's Energy Desk reported .

The plaintiffs, ranging from children in elementary school to college students, say the state is violating their constitutional rights by failing to limit greenhouse gas emissions. Assistant Attorney General Seth Beausang asked the court to dismiss the case, citing the Alaska Supreme Court's dismissal of a similar climate change case in 2014 setting precedent.

"The court said that weighing all those interests was a policy decision entrusted to the political branches, and not to the courts," Beausang said.

The 2014 case and the current one were both filed with help from an Oregon-based nonprofit, Our Children's Trust, which has filed legal actions on behalf of young people across the country demanding action on climate change.

The plaintiffs said that in the years since the 2014 Supreme Court ruling, Alaska has implemented a de facto climate policy by continuing to encourage activities like oil and gas production.

"The state's climate and energy policy is causing catastrophic harm to Alaska's climate system and endangering plaintiff's lives and liberties and their very futures," Our Children's Trust attorney Andrew Welle said. "These claims are squarely within the authority of the court."

Attorneys for both sides said they expect a ruling within the next six months.

Related listings

  • NY high court nixes Trump's bid to delay defamation suit

    NY high court nixes Trump's bid to delay defamation suit

    National Court News 06/15/2018

    New York's highest court on Thursday turned down President Donald Trump's latest bid to delay a defamation suit filed by a former "Apprentice" contestant who accused him of unwanted groping and kissing.The ruling by the state Court of Appeals didn't ...

  • Supreme Court strikes down Minnesota's voter clothing law

    Supreme Court strikes down Minnesota's voter clothing law

    National Court News 06/12/2018

    The Supreme Court on Thursday struck down a Minnesota law that barred voters in the state from wearing a wide range of political hats, T-shirts and pins to the polls.Minnesota had defended its law as a reasonable restriction that keeps order at polli...

  • Supreme Court: Son can sue father over hunting accident

    Supreme Court: Son can sue father over hunting accident

    National Court News 06/06/2018

    A Minnesota man has taken a lawsuit against his father all the way to the Minnesota Supreme Court. And, dad is just fine with that.The Supreme Court this week clarified a state law on public access for hunting, clearing the way for Corey Ouradnik to ...

Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.