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Federal Judge: Government Must Protect Public Resources For Future Generations

A federal judge has ruled that the federal government is subject to the public trust doctrine, which holds that the government has a responsibility to protect public resources for future generations.

A lawsuit claims the government is violating that trust by permitting continued production and burning of fossil fuels. It was filed in Oregon by 21 children and teenagers, and climate scientist James Hansen.

Hanson first testified to Congress in 1988 that global warming from fossil fuels was already occurring. He recently spoke at Yale about his new paper, which says that sea level rise will likely happen much faster and sooner than more conservative estimates have predicted. 

"I argue that when the ice sheets disintegrate it's going to be a very non-linear process," he said, "And is probably better characterized by a doubling time than it is by a more linear assumption."

Hansen said the planet is absorbing more energy than it's releasing, and to restore the energy balance requires that CO2 be reduced.

"That’s very hard, but that’s what we’re asking in the lawsuit that we filed against the federal government," he said.  "We’re asking the government to give a plan for how they’re going to reduce emissions at a rate that would be consistent with restoring the planet’s energy balance in a century. And if we did that, I think we could minimize sea level rise."

The judge rejected the Obama administration's argument that it is already addressing the issue through the actions of the Environmental Protection Agency.

The judge's decision came on Friday. It must be reviewed by another judge in the same court before the lawsuit can move forward.