logo
US court to decide if climate collapse is 'unconstitutional'

US court to decide if climate collapse is 'unconstitutional'

France 242 days ago
The case, Lighthiser v. Trump, at a Montana federal court is among the most high-profile in a new wave of US climate litigation
That's the question a federal judge in Montana will weigh this September, as a group of young Americans sues the Trump administration -- arguing its aggressive fossil fuel agenda is not only accelerating climate change but violating their constitutional rights.
Courts worldwide are emerging as tools for driving climate action against political inertia, with the International Court of Justice set to deliver a landmark ruling Wednesday.
"It's very intimidating to think about my future," lead plaintiff Eva Lighthiser told AFP during a recent protest outside Congress, where she and other youth plaintiffs were joined by Democratic lawmakers.
"The climate is very unreliable, it's destabilized, and it's going to get worse -- and that is a lot to reconcile with as somebody who's just entering adulthood," said the 19-year-old from Livingston, Montana.
Eva Lighthiser, 19, of Montana, the lead plaintiff in Lighthiser v. Trump, said it was 'intimidating' thinking of her future due to the climate crisis
© Alex WROBLEWSKI / AFP
Their case, Lighthiser v. Trump, is among the most high-profile in a new wave of US climate litigation. It hinges on the Fifth Amendment's Due Process Clause, which prohibits the government from depriving people of fundamental rights without due process of law.
Twenty-two young plaintiffs -- including several minors -- are represented by the nonprofit Our Children's Trust. They are aiming to build on two recent state-level wins.
In 2023, a Montana judge sided with youth plaintiffs who argued the state's failure to consider climate impacts when issuing oil and gas permits violated their right to a clean environment.
A year later in Hawaii, young activists reached a settlement to accelerate decarbonization of the transport sector.
Wildfires, floods, anxiety
Now, they're targeting President Donald Trump's second-term executive orders, which declared a "National Energy Emergency."
Trump directed agencies to "unleash" fossil fuel production while stalling clean energy projects.
The suit also alleges the administration unlawfully suppressed public access to federal climate science.
Mat Dos Santos, general counsel for Our Children's Trust, told AFP the conservative-dominated Supreme Court has shown willingness to hear "right to life" cases.
"We're trying to make sure that the right to life really extends to living children," they said, "and that it means you have the right to enjoy your planetary existence."
In an unusual move, 19 state attorneys general led by Montana have filed to intervene on behalf of the Trump administration -- a sign of how seriously the case is being taken, said Dos Santos.
"Growing up in rural Montana, there's a lot of emphasis on our natural surroundings," said Lighthiser.
Smoke-choked skies, relentless floods, and her family's climate-forced relocation have shaped her short life.
In an unusual move, 19 state attorneys general led by Montana have filed to intervene on behalf of the Trump administration -- a sign of how seriously the case is being taken
© Alex WROBLEWSKI / AFP
She plans to study environmental science and says she struggles with anxiety and depression -- common among the plaintiffs AFP interviewed.
Joseph Lee, a 19-year-old student at UC San Diego, said the threat of climate disaster has made him question whether he should start a family.
Raised near an oil refinery in California, he suffered severe asthma as a child. His family briefly moved to North Carolina to escape the pollution, only to face worsening flash floods.
Patrick Parenteau, an emeritus environmental law professor at Vermont Law School, said the case draws on the same constitutional logic as rulings on interracial marriage, desegregation, and -- until recently -- abortion rights.
But while he supports it in principle, he doubts it will succeed.
Long shot
Judge Dana Christensen, who will hear the case September 16–17, has issued environmentally friendly rulings before. But even if he sides with the plaintiffs, the case is likely to be appealed all the way to the Supreme Court.
"I think the plaintiffs understand that's an uphill battle, certainly with the Supreme Court we have," Parenteau said. "But the point is, they need to try."
Other scholars are less sympathetic. Jonathan Adler, a law professor at William & Mary, dismisses such efforts as more geared toward public opinion than legal victory.
Lighthiser v. Trump is "based on a very expansive and unmoored theory of what the power of federal courts is," Adler told AFP, calling it ungrounded in legal doctrine.
He said more viable strategies include suing agencies over specific regulations or filing tort claims against polluters -- not sweeping constitutional challenges.
"Climate change is a serious problem, and we should be doing more about it," Adler said.
"But the sorts of legal strategies in court that are most viable aren't the sorts of things that are tailored for attention."
© 2025 AFP
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

No evidence Hamas stole Gaza humanitarian aid, USAID report shows
No evidence Hamas stole Gaza humanitarian aid, USAID report shows

France 24

time7 minutes ago

  • France 24

No evidence Hamas stole Gaza humanitarian aid, USAID report shows

An internal US government analysis found no evidence of systematic theft by the Palestinian militant group Hamas of US-funded humanitarian supplies, challenging the main rationale that Israel and the US give for backing a new armed private aid operation. The analysis, which has not been previously reported, was conducted by a bureau within the US Agency for International Development and completed in late June. It examined 156 incidents of theft or loss of US-funded supplies reported by US aid partner organizations between October 2023 and this May. It found 'no reports alleging Hamas' benefited from US-funded supplies, according to a slide presentation of the findings. A State Department spokesperson disputed the findings, saying there is video evidence of Hamas looting aid, but provided no such videos. The spokesperson also accused traditional humanitarian groups of covering up "aid corruption." The findings were shared with the USAID's inspector general's office and State Department officials involved in Middle East policy, said two sources familiar with the matter, and come as dire food shortages deepen in the devastated enclave. Israel says it is committed to allowing in aid but must control it to prevent it from being stolen by Hamas, which it blames for the crisis. The UN World Food Program says nearly a quarter of Gaza's 2.1 million Palestinians face famine-like conditions, thousands are suffering acute malnutrition, and the World Health Organization and doctors in the enclave report starvation deaths of children and others. 01:40 The UN also estimates that Israeli forces have killed more than 1,000 people seeking food supplies, the majority near the militarized distribution sites of the Gaza Humanitarian Foundation (GHF), the new private aid group that uses a for-profit US logistics firm run by a former CIA officer and armed US military veterans. The study was conducted by the Bureau of Humanitarian Assistance (BHA) of USAID, which was the largest funder of assistance to Gaza before the Trump administration froze all US foreign aid in January, terminating thousands of programs. It has also begun dismantling USAID, whose functions have been folded into the State Department. The analysis found that at least 44 of the 156 incidents where aid supplies were reported stolen or lost were 'either directly or indirectly' due to Israeli military actions, according to the briefing slides. Israel's military did not respond to questions about those findings. The study noted a limitation: because Palestinians who receive aid cannot be vetted, it was possible that US-funded supplies went to administrative officials of Hamas, the Islamist rulers of Gaza. One source familiar with the study also cautioned that the absence of reports of widespread aid diversion by Hamas 'does not mean that diversion has not occurred.' The war in Gaza began after Hamas attacked Israel in October 2023, killing 1,200 people and capturing 251 hostages, according to Israeli tallies. Nearly 60,000 Palestinians have been killed since the Israeli assault began, according to Palestinian health officials. Israel says Hamas diverts humanitarian aid Israel, which controls access to Gaza, has said that Hamas steals food supplies from UN and other organizations to use to control the civilian population and boost its finances, including by jacking up the prices of the goods and reselling them to civilians. Asked about the USAID report, the Israeli military said that its allegations are based on intelligence reports that Hamas militants seized cargoes by "both covertly and overtly" embedding themselves on aid trucks. Those reports also show that Hamas has diverted up to 25% of aid supplies to its fighters or sold them to civilians, the Israeli military said, adding that GHF has ended the militants' control of aid by distributing it directly to civilians. Hamas denies the allegations. A Hamas security official said that Israel has killed more than 800 Hamas-affiliated police and security guards trying to protect aid vehicles and convoy routes. Their missions were coordinated with the UN. FRANCE 24 could not independently verify the claims by Hamas and Israel, which has not made public proof that the militants have systematically stolen aid. GHF also accuses Hamas of massive aid theft in defending its distribution model. The UN and other groups have rejected calls by GHF, Israel and the US to cooperate with the foundation, saying it violates international humanitarian principles of neutrality. In response to a request for comment, GHF referred to a July 2 Washington Post article that quoted an unidentified Gazan and anonymous Israeli officials as saying Hamas profited from the sales and taxing of pilfered humanitarian aid. Aid groups required to report losses The 156 reports of theft or losses of supplies reviewed by BHA were filed by UN agencies and other humanitarian groups working in Gaza as a condition of receiving U.S. aid funds. The second source familiar with the matter said that after receiving reports of U.S.-funded aid thefts or losses, USAID staff followed up with partner organizations to try to determine if there was Hamas involvement. Those organizations also would "redirect or pause" aid distributions if they learned that Hamas was in the vicinity, the source said. Aid organizations working in Gaza also are required to vet their personnel, sub-contractors and suppliers for ties to extremist groups before receiving U.S. funds, a condition that the State Department waived in approving $30 million for GHF last month. The slide presentation noted that USAID partners tended to over-report aid diversion and theft by groups sanctioned or designated by the US as foreign terrorist organizations - such as Hamas and Palestinian Islamic Jihad - because they want to avoid losing US funding. Of the 156 incidents of loss or theft reported, 63 were attributed to unknown perpetrators, 35 to armed actors, 25 to unarmed people, 11 directly to Israeli military action, 11 to corrupt subcontractors, five to aid group personnel 'engaging in corrupt activities,' and six to 'others," a category that accounted for 'commodities stolen in unknown circumstances,' according to the slide presentation. The armed actors 'included gangs and other miscellaneous individuals who may have had weapons,' said a slide. Another slide said "a review of all 156 incidents found no affiliations with" U.S.-designated foreign terrorist organizations, of which Hamas is one. 'The majority of incidents could not be definitively attributed to a specific actor,' said another slide. 'Partners often largely discovered the commodities had been stolen in transit without identifying the perpetrator.' It is possible there were classified intelligence reports on Hamas aid thefts, but BHA staff lost access to classified systems in the dismantlement of USAID, said a slide. However, a source familiar with US intelligence assessments said that they knew of no US intelligence reports detailing Hamas aid diversions and that Washington was relying on Israeli reports. The BHA analysis found that the Israeli military 'directly or indirectly caused' a total of 44 incidents in which US-funded aid was lost or stolen. Those included the 11 attributed to direct Israeli military actions, such as airstrikes or orders to Palestinians to evacuate areas of the war-torn enclave. Losses indirectly attributed to Israeli military included cases where they compelled aid groups to use delivery routes with high risks of theft or looting, ignoring requests for alternative routes, the analysis said.

Trump trip to Scotland combines diplomacy and golf
Trump trip to Scotland combines diplomacy and golf

France 24

time6 hours ago

  • France 24

Trump trip to Scotland combines diplomacy and golf

The president is expected to split his time between two seaside golf courses bearing his name, Turnberry and Aberdeen. Trump is due to arrive in Scotland Friday at 8:20 pm local time (1920 GMT) and has no public events scheduled for Saturday or Sunday, the White House said. An avid golfer, Trump is expected to tear himself away from the greens to meet with British Prime Minister Keir Starmer at some point, but details of that meeting have not been released. Starmer is not reputed to be as passionate about golf as the 79-year-old Republican, and may have other concerns to tee off on. The US and the UK announced a trade agreement in May, but London is worried about Trump's stated intention to "refine" the deal. The British leader, who has dodged the exorbitant tariffs other countries have been saddled with, will aim to stay in the good graces of the unpredictable American leader. Trump is also expected to return to the UK in September for a state visit -- his second -- at the invitation of King Charles III, which promises to be lavish. Trumpist discontent The trip to Scotland puts physical distance between Trump and the latest twists in the case of convicted sex offender Jeffrey Epstein, the wealthy financier accused of sex trafficking who died in prison in 2019 before facing trial. In his heyday, Epstein was friends with Trump and others in the New York jet-set, but the president is now facing backlash from his own MAGA supporters who demand access to the Epstein case files. Many support a conspiracy theory under which "deep state" elites protected rich and famous people who took part in an Epstein sex ring. But Trump is urging his supporters to move on and drop the case. The Wall Street Journal, which published an article detailing longstanding links between Trump and the sex offender, is being punished by the White House. Its reporting staff plans to travel to Scotland on its own and join the White House press pool. But it has now been denied a seat on Air Force One for the flight back home. Protests During a previous visit in 2023, Trump said he felt at home in Scotland, where his mother Mary Anne MacLeod grew up before emigrating to the United States at age 18. The affection is not necessarily mutual in Scotland, where protests are planned Saturday in Edinburgh and Aberdeen to oppose his visit. A significant police presence will be deployed. Residents, environmentalists and elected officials have also voiced discontent over the Trump family's construction of a golf course in Balmedie, a village in Aberdeenshire. While Trump's family has undertaken many development projects worldwide, the president no longer legally controls the family holdings. But opponents and watchdog groups have accused him of many conflicts of interest and using his position as US president to promote private family investments, especially abroad. The American NGO Citizens for Responsibility and Ethics in Washington said in May that 21 development projects were already underway abroad during Trump's second term. The group also noted that the Trump Organization revised its own ethical charter in January to remove any prohibition from launching new international ventures with private actors, departing from the moratorium it had imposed during Trump's first term.

Image of 'Alligator Alcatraz' is AI-generated
Image of 'Alligator Alcatraz' is AI-generated

AFP

time7 hours ago

  • AFP

Image of 'Alligator Alcatraz' is AI-generated

"Alligator Alcatraz, Trump's new illegal immigration prison deep in the Everglades," reads a post sharing the image on July 2, 2025 to an Australia-based Facebook group with more than 114,000 followers. Image Screenshot of the false post shared on Australian social media. The image was captured on July 22, 2025, and the red cross was added by AFP. The same image was shared by other Facebook users around the world, including in the United States, Canada and Greece. It did not just stay on social media -- several websites also published the image alongside articles about Trump's visit. The image circulated as Trump toured a new migrant detention centre in Florida in early July (archived here and here). The new facility, dubbed "Alligator Alcatraz", is built at the disused Dade-Collier Training and Transition Airport deep in the Everglades, surrounded by swamps that are home to creatures including alligators and poisonous snakes. is a reference to Alcatraz Island, the former prison in San Francisco. of the Trump administration's determination to look tough as it pursues its policy of mass deportations of undocumented migrants. Some users in Australia appear to believe the image is genuine. "I wish the Australian government would put their foot down on immigration. Love this idea," a user wrote. Another commented, "That is A Huge Active Moat! surrounding it. At Their Peril if they try to Escape!" Inauthentic picture But the image is not a genuine depiction of the Florida detention centre, according to satellite images from Google Maps, which depict the location without a moat (archived link). Image Screenshot comparison between the Dade-Collier Training and Transition Airport in Florida shown on Google Maps (left) and the image shared on social media (right). The red cross was added by AFP. The images were captured on July 23, 2025. Pictures taken by AFP photographer Chandan Khanna on July 7, 2025 showing aerial views of the detention facility and its surrounding area also bear no resemblance to the circulated image. Image Comparison between an aerial view of the migrant detention center taken on July 7, 2025 by AFP photographer Chandan Khanna (left) and the image shared on social media (right). The red cross was added by AFP. Image Comparison between an aerial view of the migrant detention center taken on July 7, 2025, by AFP photographer Chandan Khanna (left) and the image shared on social media (right). The red cross was added by AFP. Other media outlets also published photos and footage that do not match the AI-generated image (archived here and here). Several visual inconsistencies suggest the image is fabricated, including the shape of the reptiles in the water, making them unlikely to be alligators. It also appears that several vehicles have a crumpled appearance, while one of them -- located to the right of the image -- has a misplaced window. Image Screenshot of the AI-generated image, with some visual inconsistencies highlighted using a magnifying tool by AFP Image Screenshot of the AI-generated image, with visual items highlighted using a magnifying tool by AFP AFP Fact Check analysed the image using the Google SynthID detection tool, which identifies photos and videos generated by its AI models (archived link). The tool detected that the image was made "with Google AI" with "Very High" confidence. Image Screenshot showing the image in the interface of the SynthID detection tool AFP has fact-checked other misinformation about US politics here.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store