Our Children’s Trust
Montana “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 READINGDeciding a Climate Case in the Shadow of the Supreme Court
Juliana Judges Surely Had The Higher Court in Mind in Drafting Their Decision
The irony of the Ninth Circuit decision dismissing the Juliana v. United States case this week is plain to see. Two branches of government — the legislative and executive – have failed to act to address an environmental problem that may cause the destruction of the federal government itself. The third branch, the judiciary, recognizes 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 READINGThe New Public Trust Climate Cases
Per the New York Times this morning, a group of environmental organizations called Our Children’s Trust has filed a lawsuit against the state of California, arguing for protection of the atmosphere under the public trust doctrine (about which I blogged a couple of days ago). A few preliminary reactions after having read the complaint quickly: …
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