Youth Win Reversal In Critical Climate Recovery Case
Source: Western Environmental Law Center
In a nationally significant decision in the case Chernaik v. Kitzhaber, the Oregon Court of Appeals ruled a trial court must decide whether the atmosphere is a public trust resource that the state of Oregon, as a trustee, has a duty to protect. Two youth plaintiffs were initially told they could not bring the case by the Lane County Circuit Court. The trial court had ruled that climate change should be left only to the legislative and executive branches. Today, the Oregon Court of Appeals overturned that decision.
Two teenagers from Eugene, Kelsey Juliana and Olivia Chernaik, filed the climate change lawsuit against Governor Kitzhaber and the State of Oregon for failing to protect essential natural resources, including the atmosphere, state waters, and coast lines, as required under the public trust doctrine. Their lawsuit asked the State to take action in restoring the atmosphere to 350 ppm of CO2 by the end of the century. The Oregon Court of Appeals rejected the defenses raised by the State, finding that the youth could obtain meaningful judicial relief in this case.
Kelsey, who is celebrating her win on her last day of high school, said, This decision makes me feel very proud to be an Oregonian. It validates the younger generation's voice and lets us know that we are listened to and considered, and that our future matters. I'm so grateful to everyone who is working with me to achieve climate justice. We have a lot of work ahead, but I'm very hopeful, and I'm looking forward to having the merits of this case heard in court.
In reversing the Lane County trial court, the Oregon Court of Appeals remanded the case ordering the trial court to make the judicial declaration it previously refused to make as to whether the State, as trustee, has a fiduciary obligation to protect the youth from the impacts of climate change, and if so, what the State must do to protect the atmosphere and other public trust resources.
Read more: http://www.westernlaw.org/article/youth-win-reversal-critical-climate-recovery-case-press-release-61114
This is big f***in' deal!
Bigmack
(8,020 posts)This retired high school teacher could not be PROUDER that this country has such wonderful young people!
Ms Bigmack
peoli
(3,111 posts)peoli
(3,111 posts)fasttense
(17,301 posts)KurtNYC
(14,549 posts)some at the Federal level:
http://www.imatteryouth.org/#!the-courts/c1354
Uncle Joe
(58,112 posts)Thanks for the thread, peoli.
Duppers
(28,094 posts)Congrats to these young people and to the Oregon Court of Appeals - they did the right thing.
Fred Sanders
(23,946 posts)amorphous a term....change is good or bad....depends......but disruption of the climate is not good, no doubt about it.
blkmusclmachine
(16,149 posts)DeSwiss
(27,137 posts)DLnyc
(2,479 posts)Good for them! The purpose of government is to ensure the well-being of the people. Toasting the planet is not exactly the best way to ensure our well-being!