Drill Baby Drill
says the mad king.
As I bunged up my knee at a protest and am on the second week of recovery and not quite there, but almost, I realize that the older I get, my skills may be better put elsewhere! (Hint: felon47 is 6 months older than me. But I got all my marbles.)
On the 14th, I gave a update to Citizens Climate Lobby about actions the youth are taking to ensure they have a livable future. As of 30 June 2025, a cumulative 3,099 climate-related cases have been filed in 55 national jurisdictions and 24 international or regional courts, tribunals, or quasi-judicial bodies. This continues a trend in climate-related cases filed by 2022 (2,180 cases), 2020 (1,550 cases) and 2017 (884 cases).
The 23 July 2025 advisory opinion by the International World Court on “Obligations of the States in Respect of Climate Change” on behalf of Vanuatu applies to the U.S. by customary international law principles whether we like it or not. That followed up the May 29, 2025 advisory opinion from the Inter-American Court of Human Rights (IACHR) to which we are responsible because we are a member of the Organization of American States.
The ICC Office of the Prosecutor (OTP) released its “Policy on Addressing Environmental Damage Through the Rome Statute” in December 2025, establishing a framework to prosecute environmental destruction as war crimes, crimes against humanity, genocide, or aggression. The U.S. is not a member of the ICC.
Around the world, countries are being held responsible including the Dutch for discrimination against Bonire islanders in the Caribbean and Australia for inaction regarding the Torres Strait Islanders. The small islands are literally disappearing under sea level rise, and many people have already been forced to migrate. This is the coming migration battle that has already started.
Some success has occurred with an Australian court stopping a coal company, Brazil ordering a cessation of deforesting the Amazon (not implemented with change of government), Colombia being forced to evaluate climate impact and harm before decision making, and in a very recent case, France has ordered TotalEnergy to pay 8,000 Euros to three NGOs for greenwashing. One hundred and forty “climate washing” or “green washing” cases are pending.
Two cases are coming up for trial in Canada in 2026 i.e. Mathur et. al. v. His Majesty in Right of Ontario, challenging emissions reduction targets and LaRose v Canada where youth alleged they are already being harmed by climate change and the federal government is violating their rights to life, liberty and security of the person under section 7 of Canadian Charter of Rights and Freedoms. An 8-week trial is set to begin on October 26, 2026 in Vancouver.
Milieudefensie et al. v. Royal Dutch Shell is the landmark case on “corporate framework” i.e. are the policies of the company really in line with the climate goals they claim to be reaching for and have they misinformed stockholders. A landmark case was filed in the UK High Court against Shell on December 9, 2025, by over 100 Filipino survivors of the Super Typhoon Odette in 2021. They have been trying to negotiate a settlement with Shell who stonewalled. Much to the chagrin of felon47 the Scottish High Court ruled that An Bord Pleanala must prioritize climate law in a wind farm case.
Since the 1965 pivotal case in the U.S. mandating that government consider environmental concerns (Scenic Hudson Preservation Conference v. Federal Power Commission) the number of cases has escalated. The 2015 case of Juliana v. U.S. in Oregon that argued that the failure to act is a violation of due process and to protect the children’s right to life, liberty, and property now and in the future was dismissed in March 2025 at the U.S. Supreme Court. The plaintiffs then sued in IACHR in September 2025. (The commission not the court because the U.S. has not signed the treaty to be held to account by the court.)
A 2023 case in California, Genesis B. v. United States Environmental Protection Agency argues that the children are experiencing harmful discrimination by their government and life-threatening climate change injuries, such as the loss of homes from wildfire, adverse health effects, displacement from floods, and being exposed to dangerous levels of air pollution, with lifelong consequences. The plaintiffs ask, for the first time, for the federal courts to clarify the standard of judicial review to protect the equal protection rights of children as a unique and protected class that is different from adults. It was dismissed and is on appeal to 9th circuit. Arizona is covered by the 9th circuit.
In Lighthiser v. Trump, 2025, brought by Our Children’s Trust they assert that three of the president’s pro-fossil fuel executive orders violate their constitutional rights to life, health and safety. They are suing under the Fifth Amendment right to life (not to be deprived of life, liberty or property without due process) and claim that Trump is acting outside his authority. (MT, CA, HA, OR, FL are the states suing.) It too is on appeal at the 9th circuit.
Dunn v. Public Service Commission of Wisconsin is a suit against the insane law that prohibits regulators from considering air pollution in permit decisions. It should be mandatory. In Sagoonick v. State of Alaska, plaintiffs lost the first case because the court said they can’t sue for systematic acts but can only sue particular agencies, so that is what they have done by challenging a specific 800-mile pipeline.
The successes have been based on state constitutions. In Held v. Montana, 2024, the court held that youth have a right to a clean and healthful environment based on their state constitutional amendment declaring such a right. Only four states have such provisions: MT, PA, HI, and NY. Hawai’i was already on the move with Navahine v. Hawai’I Dept of Transportation, that claimed that support for gas-powered cars and disregard for cleaner options violated the children’s constitutional right to a clean and healthful environment. The state agreed to develop a plan for zero carbon by 2045. Citizens Action of NY v. NY State Environmental Conservation won a mandatory injunction directing respondent New York State Department of Environmental Conservation (DEC) to issue regulations pursuant to a Climate Act passed in the state legislature.
On the federal level, this month, a district court judge struck down the stop-work order on the Sunrise Wind project, marking the fifth time courts have overturned the U.S. Department of Interior’s order halting work on five offshore wind projects under construction along America’s eastern seaboard. “Offshore wind delivers immense value during electricity crunches in the winter because ocean winds are often at their strongest. The already-built portion of Vineyard Wind saved New Englanders $2 million per-day in energy costs during a December cold snap.”
This corrupt and incompetent administration claimed national security fears. The court found none. Other countries are using their ocean turbines for national security as advance listening posts etc. The administration also said the business would not be profitable. That is not the government’s call to make.
Of course The Empire Strikes Back as nineteen Republican attorney generals went to the U.S. Supreme Court to block lawsuits against fossil fuel companies brought in five blue states but were rejected allowing the cases to go forward. The current administration sued Hawaii and Michigan to prohibit them from charging companies with costs and NY and Vermont because they are asking companies to pay into their state super-funds for clean-up. What we have done for decades is socialize the cost i.e. transfer it to the taxpayer while we privatize the profit i.e. let the corporations run off with the dough.
The Supreme Courts in Massachusetts and Colorado have rejected fossil fuel companies requests to dismiss suits and is forcing them to trial. The corporations have asked the Supreme Court to intervene and so far, they have not. Shell and Sunoco sued in Hawaii to stop a suit but were also rebuffed. Exxon sued CA for violation of free speech over CA’s new regulations to report emissions in a certain way. Basically ExxonMobil said we don’t like your new law, so we don’t want to follow it. Corporations do not make state law; we the people do. Or should. You corporations must follow the law.
This corrupt and incompetent administration is not tracking damage costs over $1 billion from climate change disasters. You can’t fix what you don’t know. They also pulled back money for prevention. The result will be more costly in health and money.
In Arizona, Colorado River Indian Tribes (CRIT) granted personhood rights to the “living” river i.e. the Colorado in October 2025. This joins other tribes in U.S. and around the world. But our legislators are up to their usual chicanery passing HB2456, SB1418 out of committee NOT to regulate nuclear power and HB2781, SB1419 TO regulate solar. Pending is HB2331 that says 85% of a utilities load must be from non-intermittent sources so not solar or wind basically prohibiting them from using it. Mitzi Epstein did introduce SB1405 to give citizens a private right of action to sue but it won’t see the light of day.
AZ does not have the provision in the state constitution that other states have used to win such cases. But, as a sharp eyed person pointed out in the seminar, we do have Article XV §3 that says the corporation commission has the power to “make and enforce reasonable rules, regulations, and orders for the convenience, comfort, and safety, and the preservation of the health, of the employees and patrons of such corporation; …”. Children are patrons of the utility companies as they must use the products of the company with or without their consent or knowledge. Therefore they should be able to sue under this provision. Looking for takers!
Further, in statute A.R.S. §40-202 it directs the Corporation Commission to: 1. Protect the public against deceptive, unfair and abusive business practices, practices related to deposit requirements and reconnection fees, intrusive and abusive marketing, deceptive or untrue advertising practices and practices prohibited under subsection E of this section. That provision could be used to attack greenwashing and argue that business practices that include decisions without considering climate change and health impacts are deceptive, unfair, and abusive.
For more information:
• Sabin Center for Climate Change Law, Columbia Law School – they also have Climate Litigation Updates (January 30, 2026)
• UCS has a Science Hub for Climate Litigation to assist attorneys and community groups. https://lawclimateatlas.org/resources/climate-change-litigation-in-the-us/
• The Children’s Trust https://www.ourchildrenstrust.org has brought many of the cases and has an extensive list.
Other Tidbits and Action Items:
In favorability, felon47 has fallen from 47 to 37 that is the lowest of any president. Being mad about that, he no doubt put pressure on Gallup who announced they will no longer take polls about presidential favorability. Please let them know what you think about their bowing to the mad king. https://www.gallup.com/270188/contact-us-general.aspx Telephone: 888-274-5441
To my horror, I have discovered that the Democratic Party has no state or national strategic plan to fight back. MAGA has their Project 2025, African Americans have a plan called Project 2030, but Democrats – zilch. To echo many others, when is the Democratic Party going to join the fight? They must have more of a plan than – we’ll win the next election. They must ditch Carville who said lay back and enjoy it. They need a strategic plan that includes Congressional actions (legislation, investigations, filibuster, using procedural rules etc.), legal actions, and ground level actions that are not just winning the next election but building for a better future and the long term. Many historians and those who study authoritarian governments have put out suggestions. We read them! The party should convene an expert group and devise a plan. Not stand around aimlessly twiddling your thumbs. Thank goodness Schumer didn’t sell us out this time on the shut down but we have to keep forcing him and Jeffries to have a backbone. Ask your precinct committee person; your electeds; your county, state, and national party where the hell are you?