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Up In The Air: A Fifty-State Survey Of Atmospheric Trust Litigation Brought By Our Children’S Trust, Anna Christiansen
Up In The Air: A Fifty-State Survey Of Atmospheric Trust Litigation Brought By Our Children’S Trust, Anna Christiansen
Utah Law Review
Frustrated by government inaction in response to the threats posed by anthropogenic climate change, the advocacy organization Our Children’s Trust (OCT) is pursuing legal reform in every state in the United States. These efforts include petitioning state environmental agencies for rulemaking and filing lawsuits against those agencies and the states. The legal claims have generally been rooted in the public trust doctrine. This Note surveys OCT’s efforts and the evolution of the organization’s legal strategy, as OCT has recently based its lawsuits on violations of substantive due process, and in some cases, violations of the states’ own environmental laws. This …
After Juliana: A Proposal For The Next Atmospheric Trust Litigation Strategy, Kacie Couch
After Juliana: A Proposal For The Next Atmospheric Trust Litigation Strategy, Kacie Couch
William & Mary Environmental Law and Policy Review
The cliffs of California are dissolving.2 Glaciers in Colorado and Montana are dissolving.3 Islands in Louisiana and Alaska are dissolving.4 America as we know it is dissolving; twenty-one youth plaintiffs that face a future with less liberty and independence than generations before them claim that federal government inaction in the face of climate change is to blame.5 Those plaintiffs, in the landmark case Juliana v. United States, sought judicial declaration of a federal public trust and substantive due process right to a stable climate system.6 In proceedings, Judge Anne Aiken of the District Court of Oregon declared a newly …