Science
Supreme Court Will Not Hear Appeal in ‘Juliana’ Climate Case
The Supreme Court on Monday declined to hear an appeal in a landmark climate case brought by 21 young people against the federal government, ending its 10-year journey through the courts.
But the case provided a blueprint for numerous other climate-related lawsuits that have had greater success.
Juliana v. United States argued that the government had violated the constitutional rights of the plaintiffs with policies that encouraged the use of fossil fuels. But it was dismissed by the United States Court of Appeals for the Ninth Circuit, where the judges ruled that courts were not the right venue to address climate change.
“Rather, the plaintiffs’ impressive case for redress must be presented to the political branches of government,” Judge Andrew D. Hurwitz wrote in the 2020 opinion.
Our Children’s Trust, the Eugene, Ore., nonprofit law firm that represents the plaintiffs, made its final legal gambit in the case last year, when it asked the Supreme Court to vacate the appeals-court ruling and allow Juliana to proceed to trial in a lower court. That petition was denied on Monday.
Some observers had also considered it risky to ask the Supreme Court to consider the appeal, out of concern that a conservative court might use the case to jettison longstanding environmental protections.
The plaintiff the case is named for, Kelsey Cascadia Rose Juliana, now 29 and a teacher in Oregon, is the daughter of environmentalists and a longtime climate activist herself. The story of how she came to participate in the lawsuit was chronicled in the documentary “Youth v. Gov.”
The legal framework of Juliana has since been replicated in numerous lawsuits and legal actions across the country. And last year, Our Children’s Trust, which has filed many of the cases, scored two notable wins.
The group reached a settlement in Navahine v. Hawaii Department of Transportation in which the state agreed to cut emissions of carbon dioxide, the main greenhouse gas warming the planet, from its transportation system within 20 years. And it won Held v. Montana, in which a judge ruled that the state must consider climate change when approving fossil fuel projects. An appeals court upheld that decision in December.
The plaintiff that case is named for, Rikki Held, 23, grew up on a cattle ranch in Montana where she saw the effects of climate change firsthand, which led to her decision to participate in the lawsuit. She is now a science educator in Kenya through the Peace Corps.
On Monday, she said that the Juliana case had paved the way for her. “Juliana, through the unwavering dedication of its plaintiffs and legal team, has left an indelible mark on the landscape of climate litigation,” she said.
Julia Olson, the founder of Our Children’s Trust, had called on the Biden administration to discuss a settlement in the Juliana case, pointing to expressions of support from lawmakers and academics. She said on Monday that Juliana had “ignited a legal movement.”
But lawyers for the Justice Department had maintained that the court was not the right setting to address climate change, because a judge could not order or enforce any “workable remedy” to the problem.
And some experts had raised concerns about the organization’s strategy at the Supreme Court, noting the risk that the court’s conservative supermajority might take the Juliana case as a way to reconsider legal precedents that undergird environmental protections.
“Be careful what you ask for from this court,” said Patrick Parenteau, an expert on environmental law at Vermont Law and Graduate School, in an interview last year. “If you want an answer to this question, you probably will not like the answer you’re going to get.”
But he added that he still applauded the efforts of the young people and their lawyers.
Ms. Olson said environmentalists should not shy away from the courts. “If we don’t show up and we don’t bring claims forward, and we don’t shine light on injustice, then other forces will always prevail,” she said.
Science
China Launches Reusable Rocket in Race With SpaceX
Video released by Chinese state media shows a state-owned aerospace company launching a rocket and recovering part of it on Friday. The successful launch of a reusable rocket was a major step for China toward challenging SpaceX’s satellite internet dominance.
Science
Nobel Prize winner leaving UC Berkeley for new role in China
Nobel Prize recipient Omar Yaghi is leaving his role at UC Berkeley to lead the development of a new artificial intelligence institute at Tsinghua University in Beijing, the Chinese university announced.
Yaghi will head the AI Chemistry and Materials Research Institute at Tsinghua, where he was appointed an honorary professor in 2022. Known as AIMATRY (AI × Materials × Chemistry), the new center will focus on material design and synthesis through artificial intelligence, according to a statement from the university.
In 2025, Yaghi shared the Nobel Prize in chemistry with Susumu Kitagawa of Kyoto University and Richard Robson of the University of Melbourne for their development of metal-organic frameworks, a type of super-porous material in which metal ions and carbon-based molecules combine to form crystals with exceptionally large surface areas.
The material has the potential to combat climate change by capturing and storing carbon or other pollutants, and by extracting water from the atmosphere in water-scarce areas. Upon awarding the prize, a member of the Nobel committee likened the technology’s ability to store enormous amounts of stuff in seemingly compact spaces to Hermione Granger’s enchanted handbag in the Harry Potter series.
Yaghi’s Irvine-based company, Atoco, has said it will start taking orders later this year for its technology that harvests water from the air.
A representative for Yaghi said he was not yet available to respond to questions.
China is one of several countries that has been actively recruiting scientists from the U.S., where the Trump administration has slashed science funding, suspended research grants, fired science advisors and tightened immigration restrictions.
“For many, many years, our funding was very competitive; if you worked hard and you were doing good research, you would get funding,” Yaghi said of the U.S. in an interview with Scientific American earlier this year. “The current state is not so encouraging because of the cutting back on grants and support of science by the very agencies that many university researchers rely on.”
Yaghi was born in Jordan to Palestinian refugees, and immigrated to the U.S. when he was 15 to study.
“We’ve learned over and over in human civilization that scholars can move across borders,” Yaghi told the New York Times last year. “This is how knowledge spread and how vast regions of the world lifted themselves out of poverty.”
Science
Trump administration seeks to limit federal funding that doesn’t ‘advance’ presidential policies
A new rule proposed by the White House Office of Management and Budget would fundamentally overhaul the way federal grants are awarded and overseen — a sweeping change that one scientific society said “would all but end the use of scientific merit in the selection of grants and programs across the government.”
Proposed in late May, the rule would give political appointees unprecedented control over federal grants for research, education and infrastructure, and specifies that government funds can only be spent on projects “aligned with administration policies and priorities,” according to a copy of the proposed rule.
The rule would also restrict research topics, limit U.S. scientists’ ability to collaborate with colleagues in other countries and make it easier for the government to suspend or cancel grants at any time.
The changes are intended to improve “transparency, accountability, and oversight for Federal awards” while “ensuring that American tax dollars are not wasted or misused,” according to the White House office.
But critics say that if the rule is implemented, the final sign-off for grants will no longer be in the hands of subject-matter experts within individual agencies, but in those of political appointees.
“This touches all parts of American life,” said Dr. Eric Rafla-Yuan, a psychiatrist who practices at the Veterans Administration and San Diego County’s psychiatric hospital.
“Control of how all of the federal grants and programs are funded will fall under a small group of highly partisan individuals who would have very few limits on how they spend these billions of taxpayer dollars,” said Rafla-Yuan, who also chairs the Committee to Protect Public Mental Health advocacy group. “This touches everyone’s life, even if they don’t realize it.”
OMB published the proposed rule May 29, opening a 45-day comment period that closes July 13.
Opposition to the proposed rule has mobilized multiple sectors of society. Professional groups representing cancer researchers, civil engineers, county governments, medical schools, housing agencies, city and municipal governments, nonprofits and others have publicly expressed concerns about potential consequences.
By midday Thursday, the Federal Register logged nearly 100,000 comments about the proposal, many of them expressing concern.
“I understand the need for oversight, fiscal responsibility, and accountability. That is not the issue,” wrote Jack Feldman, a neuroscientist who holds the David Geffen School of Medicine Chair in Neuroscience at UCLA. “The issue is whether scientific research is to be judged by scientific merit, or whether it can be approved, denied, or terminated according to broad political criteria that may change from one administration to the next.”
Crucially, the rule converts policies governing federal grants from “guidance” into binding regulations that all agencies would be required to follow. It would give political appointees power to override federal agencies’ merit-based reviews and mandate that a political appointee review decisions to ensure that all awards “demonstrably advance the President’s policy priorities.”
The elevation of political appointees in what were previously merit-based decisions has alarmed many scientists.
“The proposed rule changes would all but end the use of scientific merit in the selection of grants and programs across the government,” read a statement from the Planetary Society, a nonprofit dedicated to space research.
Researchers and science groups have also expressed concern about a section of the rule prohibiting the promotion of “theories of disparate-impact liability” — a legal concept that refers to policies that appear neutral but cause disproportionate harm to certain groups.
The section’s vague language and many loopholes could have a chilling effect on any research that studies the effects of a disease, policy or public health intervention on any specific group of people, Rafla-Yuan said.
As an example, he said, “if there’s a specific age range that is at higher risk for suicide, and we want to figure out, well, what’s going on with people that are aged 14 to 19 … we can’t do that under the wording in this rule.”
New restrictions on collaborations with scientists in other countries would hinder opportunities for U.S. researchers and limit innovation, said Joanne Padrón Carney, chief government relations officer for the American Assn. for the Advancement of Science.
“Science is a global enterprise. Especially in biomedical and public health fields, diseases don’t care about borders or government policies,” she said.
California’s congressional delegation sent a letter Wednesday asking OMB to rescind the proposal, outlining concerns about its impact on scientific innovation, U.S. competitiveness and the fiscal stability of local governments, many of which rely on federal grants for local services.
The proposed rule grants the federal government broad powers to suspend or cancel grants for any reason, introducing “unprecedented unpredictability into local governance,” the lawmakers wrote, “leaving vital infrastructure projects unfinished and abandoning vulnerable populations who rely on these services.”
Republican Sen. Susan Collins has also asked the White House to withdraw certain parts of the letter and extend the public comment period, saying the proposed rule as written would “harm small and rural communities, undermine scientific and biomedical research, and conflict with Congress’ control over the federal funding process.”
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