Aji P. v. State of Washington

The Washington Supreme Court denied a petition by youth plaintiffs seeking review of the dismissal of their case alleging that the State of Washington and State agencies and officials infringed on the plaintiffs’ fundamental right to a stable climate system. The Chief Justice dissented, joined by one other justice. The Chief Justice wrote that he would have granted review so that the court could decide the question of whether climate change impacts are harms that are remediable under Washington’s laws and constitution. He noted that the Court of Appeals had concluded that the youth plaintiffs’ claims were not justiciable because there was no remedy the court could provide. The Chief Justice viewed this as “a debatable issue” because a judicial declaration of rights “would be a final and conclusive determination of the controversy irrespective of whether any other relief is requested or granted.” The Chief Justice stated that “[a] declaration of rights from this court is meaningful relief, even if it is not a magic wand that will eliminate climate change.”

Washington State youth petitioned the Washington Supreme Court for discretionary review of a lower appellate court’s decision rejecting their constitutional challenge to Washington’s energy and transportation policies that result in high levels of greenhouse gas emissions. The questions presented in their petition included whether the lower appellate court erred in expanding the political question doctrine to preclude review of a constitutional controversy involving government conduct that causes climate change and whether the court below erred in holding that the right to a healthful and pleasant environment is not a fundamental right.