Summary:
On 22 May 2024, a group of young people supported by the NGO ‘Our Children’s Trust’ filed suit against the U.S. State of Alaska arguing that statutory requirements to develop and advance the Alaska Liquefied Natural Gas (LNG) Project violate their public trust rights as well as their rights to substantive due process, life, liberty and property, and the right to protected natural resources for “current and future generations” under the Alaskan Constitution. They argue that this project will cause “existential harms to the lives, health, safety, and cultural traditions and identities of Alaska’s youth, and substantially limit their access to the vital natural resources upon which they depend.”
The case follows on an earlier case against Alaska, Sagoonick et al. v. Alaska I, which was rejected in 2022 by a divided Alaskan Supreme Court.
Claims made:
The case challenges legislation creating the Alaska Gasline Development Corporation, a state agency created to pursue building a new LNG pipeline.
According to the plaintiffs, Alaska is “already in a state of climate disruption” and the contested project “would ensure continuing and substantially elevated levels of climate pollution for decades, locking in increasing and worsening harms to Youth Plaintiffs”. They argue that the youth plaintiffs are “uniquely vulnerable to climate change injuries and face disproportionate harms”. Arguing that climate pollution is already causing dangerous climate disruption in Alaska, injuring the plaintiffs in this case, they cite the following climate-related impacts:
- temperature increase, heatwaves, and other heat-related changes;
- thawing permafrost;
- changing precipitation patterns, extreme weather events and droughts;
- loss of sea, river, and lake ice;
- ocean acidification;
- melting glaciers and sea level rise; and
- increasingly frequent and severe wildfires and smoke.
The plaintiffs sought a declaration that the contested provisions of State law violate their public trust rights to equal access to public trust resources and to sustained yield of public trust resources free from substantial impairment. They argued that the state of Alaska has a duty under the public trust doctrine to ensure “the continuing availability of public trust resources for present and future generations”.
In addition, they sought a declaration that they have a fundamental right to a climate system that sustains human life, liberty, and dignity under the Alaskan Constitution, which is being violated by the contested statutory provisions.
The youth plaintiffs also petitioned the court to enjoin the defendants from taking further actions to advance or develop the Alaska LNG Project. They sought costs and expenses as well as “such other and further relief as the Court deems just and equitable.”
Recent developments:
In October 2024, it was reported that the state of Alaska had asked the Court to dismiss the case.
Last updated:
14 November 2024