JULY 16, 2012
Last week, a Travis County district judge ruled in favor of a bunch of kids suing the Texas Commission on Environmental Quality. Three environmentally-minded minors and a young adult argued that Texas’ air should be protected under the public trust doctrine much like Texas’ water, and the Judge agreed.
In 2011, the youths drafted a petition alongside Kids Versus Global Warming, Our Children’s Trust, and other environmental groups in a national campaign to improve air quality in 49 states and the District of Columbia. In Texas, they requested that the Texas Commission for Environmental Quality (TCEQ) adopt a plan to slash carbon dioxide emissions to reduce climate change by making air part of the public trust. (The public trust doctrine says that certain resources should be protected by the government for public use.) When the TCEQ turned them down, saying that the proposed rules were a misreading of the public trust doctrine and would stifle business and industry in Texas, the kids sued.