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Article

5 Dec 2017

Author:
Our Children's Trust

JULIANA v. U.S. - Climate Lawsuit

Youth filed their constitutional climate lawsuit, called Juliana v. U.S., against the U.S. government in the U.S. District Court for the District of Oregon in 2015. Earth Guardians is also an organizational plaintiff in the case.

Their complaint asserts that... [the] government... has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.

The fossil fuel industry initially intervened in the case as defendants, joining the U.S. government in trying to have the case dismissed.

In April 2016, U.S. Magistrate [Court]... recommended denial of motions to dismiss. U.S. District Court... upheld [the] recommendation, with the issuance of a historic November 10, 2016 opinion and order denying the motions. When the defendants sought an interlocutory appeal of that order, Judge Aiken denied their motions in June 2017.

In June 2017, an order [released] the fossil fuel industry defendants from the case, and [set] a trial date for February 5, 2018 before... the U.S. District Court of Oregon...

...In July 2017, the Ninth Circuit Court of Appeals requested attorneys for youth plaintiffs submit a response to the government's petition for "writ of mandamus"... 

...Pursuant to its order, a three judge panel... heard oral arguments on December 11, 2017.