Juliana v. United States
The Case that Wouldn’t Die
The Juliana plaintiffs make a final effort to resurrect their case.
The district judge contemplates a wide-ranging trial about broad climate and energy policies, after which she would opine on their legality. The Supreme Court will likely think that putting an immense swathe of government policy on trial also violates the separation of powers — especially in a case where they are deeply skeptical of the underlying constitutional claim.
CONTINUE READINGNinth Circuit Short-Circuits Juliana v. U.S. Climate Change Lawsuit
Iconic Children Plaintiffs Lack Legal Standing to Pursue Case, Court of Appeals Rules
Earlier this month, the U.S. Court of Appeals for the Ninth Circuit issued an order that likely ends one of the most closely-watched climate change lawsuits in recent American legal history: Juliana v. United States. The background of this litigation–which was filed in federal district court in Oregon in 2015–has been analyzed at length in …
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CONTINUE READINGMontana “Youth Citizens” Win Landmark Climate Change Trial
Court rules Montana’s state constitutional guarantee of a clean & healthful environment for Montanans prevails over state officials’ fossil fuel-centric policies
A Montana state district court has issued its long-awaited decision in a major climate change case brought by Montana children against state officials. In Held v. State of Montana, a Montana trial court ruled that the state Constitution’s guarantee of a healthy and clean environment prevails over Montana’s longstanding fossil-fuel-based state energy policies. The “youth citizen” …
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CONTINUE READINGThe Ninth Circuit’s 10 Most Important Environmental Law Decisions of 2020
Climate Change, California v. Trump Cases Lead the List
This is the second of three year-end posts on the most important environmental law decisions in 2020 from the U.S. Supreme Court, U.S. Court of Appeals for the Ninth Circuit and California Supreme Court. (The key U.S. Supreme Court rulings were the focus of yesterday’s post, and tomorrow’s will feature California Supreme Court decisions.) Today, …
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CONTINUE READINGGuest Contributors Matt Lifson, Camila Bustos, and Natasha Brunstein: Redressability of Climate Change Injuries after Juliana
Juliana Litigation’s Disappointing Result Leaves Room for Future Climate Plaintiffs to Allege Redressable Injuries
In the landmark Juliana litigation, the youth plaintiffs sought a judicial decree telling the federal government to develop and implement a plan to do its part to reduce atmospheric CO2 concentrations to 350 ppm. The Ninth Circuit dismissed Juliana, holding that the youth plaintiffs’ constitutional and public trust claims were not redressable by an Article …
CONTINUE READINGGuest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision
Juliana Litigation Provides Clues for Establishing Standing in Future Cases
For many aspiring environmental litigators, such as ourselves, the bold Juliana litigation was the little-case-that-could: it presented a novel constitutional theory to redress the climate crisis, survived a motion to dismiss against all odds, and went up to the Supreme Court not once, but twice. But on January 17, 2020, Juliana hit a significant roadblock …
CONTINUE READINGJuliana and the Future of Climate Litigation
Asking judges to pass judgment on all U.S. energy policy was a bridge too far.
The Ninth Circuit threw out the Juliana litigation this morning. The two judges in the majority basically said, legalistic language, that you can’t get the Green New Deal by court order. It was wrong for the Supreme Court to step in at the last minute to put the trial on hold, rather than giving the …
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CONTINUE READINGStanding and the Juliana v. United States Plaintiffs
Sympathetic Plaintiffs Also Help Legally
It’s not news that the 21 children (some now adults) who are suing the United States for the right to a safe and stable climate are sympathetic and telegenic. They are the primary reason Juliana v. United States has garnered so much attention, including a lengthy, highly positive segment on 60 Minutes. But the Juliana …
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CONTINUE READINGUCLA Law’s Ann Carlson Interviewed on CBS’s 60 Minutes Discussing Juliana v. U.S., Landmark Climate Change Lawsuit
Segment Provides Legal Context for Groundbreaking Children’s Climate Case
Our colleague Ann Carlson appeared on 60 Minutes this past Sunday for a lengthy on-camera interview with Steve Kroft, discussing the Juliana v. U.S. lawsuit filed by Our Children’s Trust. Begun in 2015, the lawsuit has survived several appeals so far, and is headed to oral arguments in June at the U.S. Court of Appeals for the Ninth Circuit in Portland, Oregon. …
CONTINUE READINGWhat to Make of Chief Justice Roberts’ Stay of the Juliana Case
It’s only temporary but stay tuned
Last Friday, as Rick Frank previously blogged, Chief Justice Roberts put a temporary halt to the Juliana v. United States trial –the Juliana case was brought by a group of children alleging that the United States has violated the public trust doctrine and various provisions of the US. Constitution in failing to protect them from the ravages …
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