This is a page in progress for following the landmark constitutional climate change lawsuit.
This lawsuit has been brought by 21 young people from across the United States, along with Dr. James E. Hansen.[1]
Background
The complaint
The assertion is that constitutionally the federal government has violated the youngest generation's constitutional rights to life, liberty and property.[1] The case is also based on failure to protect essential public trust resources.[1] The plaintiffs assert that the knowledge by the government that the extraction and use of fossil fuels is harmful to the climate system has existed for decades and that the promotion of development of fossil fuels and the use of such fuels is a violation of the children's constitutional rights.[1]
Public trust doctrine
Also known as atmospheric trust litigation, see further Professor Mary Christina Wood (and Nature's trust), who has written the seminal work on reviving this never extinguished law doctrine.
Some content on this here would be useful.
Progress
- August 2015: Lawsuit officially submitted[2]
- 19 November 2015, Judge holds" "[t]he state has a constitutional obligation to protect the public’s interest in natural resources held in trust for the common benefit of the people" - http://ourchildrenstrust.org/sites/default/files/15.11.19.Order_FosterV.Ecology.pdf
- Mid April: Oregon judge holds case can go through, http://thinkprogress.org/climate/2016/04/10/3768092/climate-trust-suit-moves-forward/
- 29 April - Washington State Department ordered to deliver emissions reduction rule by end 2016 - http://thinkprogress.org/climate/2016/05/02/3774340/climate-change-lawsuit-children-washington-win/
Materials
- http://ourchildrenstrust.org/event/698/press-release-americas-youth-file-landmark-climate-lawsuit-against-us-government-and-presi
- http://thinkprogress.org/climate/2015/11/25/3725052/climate-change-children-lawsuit/
- http://thinkprogress.org/climate/2016/05/02/3774340/climate-change-lawsuit-children-washington-win/
- http://www.forbes.com/sites/jamesconca/2015/11/24/future-lives-matter-judge-rules-for-children-on-climate-change/#68bc042b5eae