For 15-year-old Samantha Farb, caring for the environment is not just a personal conviction, it’s a public issue.
The Lecompton, Kan., resident sued Gov. Brownback’s administration, alleging that the state violates the public trust doctrine because it does not regulate C02 emissions. These emissions are considered by many scientists to be a chief cause of global warming.
“We are suing Gov. Brownback because we think it is his responsibility to take care of the resources,” Samantha said.
Samantha is a freshman at Freestate High School in Lawrence. She is the daughter of Joe and JoAnn Farb and the granddaughter of Bernie and Judy Fremerman and the late Jack and Shirley Farb.
“I would really like to not only win but to create a huge awareness about our environment,” Samantha said.
She said environmental consciousness has always been a part of her life and a part of her faith.
“My family has always raised me to think about how can we help other people,” Samantha said.
Topeka attorney Robert Eye filed the lawsuit on behalf of Samantha in October in Shawnee County District Court.
The lawsuit is one of several filed throughout the country as part of a grassroots effort led by the non-profit Our Children’s Trust.
Julia Olson, executive director of Our Children’s Trust, said the initiative teaches youth who are passionate about the environment how to become activists for their cause.
“These kids are passionate climate activist. They really care about what is happening in the atmosphere,” Olson said. “We are trying to get their voice heard.”
Olson said there are currently 10 active lawsuits throughout the country filed by Our Children’s Trust participants.
The state’s attorney Steve Fabert filed a motion to dismiss the case.
Eye said he hopes that the judge allows for oral arguments before making a decision on whether the case should be dismissed.
“This really is about doing unto others about what we would have them do to us,” Eye said. “We have an obligation to future generations to leave the Earth certainly as good as we found it.”
Eye said the basis of Samantha’s lawsuit is that the air belongs to the public and based on the public trust doctrine the government has an obligation to protect that public resource.
Courts have used the public trust doctrine to protect water resources, Eye said.
“It has never been applied to protecting atmospheric resources,” Eye said. “If water can be protected by the public trust doctrine it is hard to see that the atmosphere wouldn’t be treated the same.”
If the Shawnee District Court judge rules that the atmosphere is part of the public trust the judge can also require the state to take action to protect the atmosphere.
Samantha said she hopes the judge rules for such action.
In the meantime, Samantha encourages everyone to take steps to reduce their carbon footprints.
“There are lots of things you can do,” Samantha said.
Samantha’s recommendations include eating a plant based diet, using less fossil fuel, and recycling as ways everyone can reduce their carbon footprint.