Clean Air Council v. United States, Civ. No. 17-4977

• Decision Date: 19 February 2019
• Docket Number: Civ. No. 17-4977
• Parties: CLEAN AIR COUNCIL, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

362 F.Supp.3d 237

CLEAN AIR COUNCIL, et al., Plaintiffs,

v.UNITED STATES of America, et al., Defendants.

Civ. No. 17-4977

United States District Court, E.D. Pennsylvania.

Signed February 19, 2019

Braden Beard, Michael D. Hausfeld, Michaela G. Spero, Hausfeld LLP, Washington, DC, Katie R. Beran, Molly C. Kenney, Hausfeld LLP, Philadelphia, PA, Seth Rich Gassman, Hausfeld LLP, San Francisco, CA, for Plaintiffs.

Marissa A. Piropato, Sean Christian Duffy, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM

Diamond, District Judge

The Clean Air Council and two minors ask me to declare that the United States of America, the President, the Secretaries of Energy and the Interior as well as the Departments themselves, and the Environmental Protection Agency and its Administrator have violated and will violate Plaintiffs' rights by considering amendments to environmental laws, by "rolling back" environmental regulations, and by making related personnel and budget changes. (Doc. Nos. 1, 16.) Plaintiffs thus effectively ask me to supervise any actions the President and his appointees take that might touch on "the environment." (Id. ) Defendants have moved to dismiss. (Doc. Nos. 18, 31.) Because I have neither the authority nor the inclination to assume control of the Executive Branch, I will grant Defendants' Motion. (Id. )

I. PROCEDURAL HISTORY

Plaintiffs proceed under both the federal question doctrine and the Declaratory Judgment Act. 28 U.S.C. §§ 1331, 2201, 2202. In their lengthy, two count Amended Complaint, Plaintiffs ask me to "[d]eclare that Defendants cannot effectuate or promulgate any rollbacks that increase the frequency and/or intensity of the life-threatening effects of climate change based on junk science in violation of Plaintiffs'... rights" under the due process clause and "the public trust doctrine." (Am. Compl. 64, Doc. No. 16.) Plaintiffs allege that any scholarship suggesting that climate change has not occurred is necessarily "junk science." (See, e.g., id. at ¶¶ 33, 55, 56; Pls.' Resp. 2–3, Doc. No. 28.)

Defendants have moved to dismiss, arguing, inter alia , that I lack jurisdiction and that Plaintiffs have failed to state a claim. (Doc. No. 18); Fed. R. Civ. P. 12(b)(1), (6). At Defendants' request, I have stayed discovery pending resolution of their dismissal Motion. (Doc. No. 25.) The matter has been extensively briefed. (Doc. Nos. 28, 31, 34, 35, 38, 39, 40, 41.)

II. LEGAL STANDARDS

I will conduct a two-part analysis. Fowler v. PMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). First, I must accept Plaintiffs' factual allegations, and disregard legal conclusions or boilerplate recitations of claim elements. Id. I must then determine whether the facts alleged make out a "plausible" claim for relief. Id."The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Defendants must thus show that Plaintiffs have failed to allege facts sufficient to "raise a right to relief above the speculative level." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ; Phillips v. Cnty. of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008).

III. ALLEGATIONS

A. The Plaintiffs

Although the Amended Complaint is almost 200 paragraphs long, only three paragraphs (one page) include a description of Plaintiffs or the harms they have suffered. (Am. Compl. ¶¶ 8–10.) Plaintiff Clean Air Council "is a member-supported environmental organization" based in Philadelphia "dedicated to protecting and defending everyone's right to breath clean air" by creating "sustainability and public health initiatives, using public education, community action, government oversight, and enforcement of environmental laws." (Id. at ¶ 8.)

Plaintiff S.B. is a seven-year-old Philadelphian who "suffers from severe seasonal allergies" that are "directly impacted by the climate." (Id. at ¶ 9.) His allergies "have been exacerbated and will continue to worsen as climate change becomes more severe." (Id. ) "For example, S.B. needed to be hospitalized during Hurricane Irene in 2011...." (Id. ) S.B. "loves to play sports," and fears that "increasing temperatures and extreme weather events" will make it difficult for him to engage in outdoor activities. (Id. )

Plaintiff B.B., an eleven-year-old Chester Country resident, is "passionate about protecting the environment, and experiences anxiety" about climate change. (Id. at ¶ 10.) He "regularly takes notice of news events" concerning climate change. B.B. "experienced the frightening impact of Super Storm Sandy [in 2012] and Hurricane Irene [in 2011]." (Id. ) B.B. suffers from asthma

, which he believes "is exacerbated by climate change." (Id. )

B. Defendants' Challenged Actions

Approximately half the Amended Complaint is a recitation of domestic and international treaty provisions, studies, declarations, and administrative actions effected over the last fifty years addressing air pollution and climate change. (See id. at ¶¶ 21–138.) As alleged, "[c]limate change ‘refers to changes in the totality of attributes that define climate.’ " (Id. at ¶ 38.) Because of "climate change" (or "global warming"), "the United States has experienced a steady increase in extreme weather events that have destroyed American homes and businesses, displaced millions of United States citizens, and caused the tragic loss of lives." (Id. at ¶ 1.) Measured by increasing average air temperatures, climate change is caused by rising carbon emissions and the burning of coal, oil, and natural gases. (Id. at ¶¶ 23, 27–28, 43, 46–47.) As alleged, climate change causes "more frequent, extreme, and costly weather events, such as floods, hurricanes, and tornadoes," impairing human health and disproportionately affecting children. (Id. at ¶¶ 59, 61, 62, 64.)

The United States Government purportedly has known for some fifty years that climate change "presents a clear and present danger to the health and welfare of its citizens and an immediate threat to the planet." (Id. at ¶¶ 84–85; see also id. at ¶¶ 86–102.) Defendants have nonetheless acted with "reckless and deliberate indifference" to the danger of climate change by "roll[ing] back regulations and practices previously directed at addressing and minimizing the United States['] contribution to climate change." (Id. at ¶¶ 1, 3.)

Plaintiffs also challenge: (1) the President's March 16, 2017 "Budget Blueprint," proposing reduced funding for numerous agencies, including the EPA; (2) the President's March 28, 2017 Executive Order, directing agencies to review current environmental legislation; (3) Administrator Scott Pruitt's replacement of those on the EPA's Board of Scientific Counselors with individuals purportedly tied to regulated industries; and (4) various EPA, DOE, and DOI decisions to halt the work of climate change advisory boards, to alter climate change terminology on public websites, to reduce staffing at agencies with operations touching on the environment, to hire researchers with industry ties, and to leave various science-related positions unfilled. (Id. at ¶¶ 142–43, 148.)

These actions, which Plaintiffs call "the Rollbacks," have increased the Nation's contribution to climate change and "endanger[ed] the lives and welfare of United States citizens." (Id. at ¶ 4.) Climate analysts estimate that the Rollbacks "will result in a 3.4% rise in greenhouse gas emissions." (Id. at ¶ 166.) This, in turn, will "exacerbate[ ] the consequences of a known danger." (Id. at ¶ 170.)

As alleged, Defendants have violated: (1) Plaintiffs' Fifth Amendment due process rights; (2) Plaintiffs' Ninth Amendment rights; and (3) Defendants' duty as sovereign trustees to hold the nation's resources in public trust. (Id. at ¶¶ 172–97.) Plaintiffs ask me to declare unconstitutional any of Defendants' future actions that could aggravate climate change. (Id. at 64.)

Defendants argue that I should dismiss the Amended Complaint: (1) for Plaintiffs' lack of standing; (2) for failure to state a claim; and (3) as barred by the Administrative Procedure Act. (Mot. Dismiss, Doc. No. 18; Suppl. Mot. Dismiss, Doc. No. 31.) I will dismiss on the first two alternative grounds. I will not address the third.

IV. STANDING

I must dismiss Plaintiffs' Amended Complaint if I lack jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) ("Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute."); Fed. R. Civ. P. 12(b)(1). If Plaintiffs are without standing, the Court is without jurisdiction to hear their claims.

Warth v. Seldin, 422 U.S. 490, 498–99, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975) ("The Art[icle] III judicial power exists only to redress or otherwise to protect against injury to the complaining party.").

To establish Article III standing, Plaintiffs must show that:

(1) they suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant[s], and (3) that is likely to be redressed by a favorable judicial decision.

Spokeo, Inc. v. Robins, ––– U.S. ––––, 136 S.Ct. 1540, 1547, 194 L.Ed.2d 635 (2016) (citing Friends of the Earth, Inc. v. Laidlaw Env't Servs. (TOC), Inc., 528 U.S. 167, 180–81, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) ; Lujan v. Defs. of Wildlife, 504 U.S. 555, 560–61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) ). Plaintiffs "must ‘clearly ... allege facts demonstrating’ each element." Id. at 1547 (citing Warth, 422 U.S. at 517, 95 S.Ct. 2197 ). Significantly, "a valid claim for relief is not a prerequisite for standing." Cottrell v. Alcon Labs., 874 F.3d 154, 166 (3d Cir. 2017) (emphasis in original). Accordingly, my "standing inquiry must avoid any consideration of the merits beyond a screening for mere frivolity." Mielo v. Steak 'n Shake Operations, Inc., 897...