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13 Dec 2017

USA: Court of Appeals hears children's climate change lawsuit against the federal Govt.

In 2015, 21 youth plaintiffs represented by Our Children's Trust brought a climate change case against the US federal government. In Juliana v. United States, the claimants allege the government has violated their constitutional right to a livable climate by failing to take steps sufficient to reduce greenhouse gases, and that the government has failed on its duty under the public trust doctrine to protect and conserve the nation’s natural resources, including the atmosphere.

The plaintiffs submitted their first complaint for declaratory and injunctive relief to the District Court of Oregon in 2015. The US government and fossil fuel companies filed a motiion to have the case dismissed, which was denied in April 2016. In November 2016 the US District court confirmed this decision and set a trial date for February 2018. In June 2017, the defendants appealed this decision, but it was dismissed. In July 2017, the Trump administration filed a writ of mandamus with the Ninth Circuit Court, subsequently blocking proceedings and calling for the District Court's decision to be reconsidered. The government allege the claims are "meritless" and that the process of discovery will be too "onerous". The Ninth Circuit Court invited plaintiffs to respond and the hearing took place in December 2017. The case awaits the judges' determination.