Juliana, et al. v. United States of America, et al. was a climate-related lawsuit filed in 2015 and dismissed in 2020. Filed by 21 youth plaintiffs against the United States and several executive branch officials. Filing their case in the United States District Court for the District of Oregon, the plaintiffs, represented by the non-profit organization Our Children's Trust, include Xiuhtezcatl Martinez, the members of Martinez's organization Earth Guardians, and climatologist James Hansen as a "guardian for future generations". Some fossil fuel and industry groups initially intervened as defendants but later requested to be dropped following the 2016 presidential election, stating that the case would be well defended under the new administration.
The plaintiffs assert that the government has knowingly violated their due process rights of life, liberty, and property as well as the government's sovereign duty to protect public grounds by encouraging and permitting the combustion of fossil fuels. They call for the government to offer “both declaratory and injunctive relief for their claim—specifically, a declaration of the federal government's fiduciary role in preserving the atmosphere and an injunction of its actions which contravene that role.” The case is an example of an area of environmental law referred to as "atmospheric trust litigation", a concept based on the public trust doctrine and international responsibility related to natural resources.
In January 2020, a Ninth Circuit panel dismissed the case on the grounds that the plaintiffs lacked standing to sue for an injunction. On February 10, 2021, the en banc Ninth Circuit issued an order without written dissents denying the appeal. In July 2021, the plaintiffs moved for leave to amend their complaint.[1] Ongoing settlement talks broke down in November 2021.[2] The Ninth Circuit again dismissed the suit following a modified complaint in May 2024, ruling the plaintiffs had lack of standing.[3][4] Following this, the plaintiffs asked the Supreme Court to overturn the Ninth Circuit's dismissal of the case in September 2024.[5]
- ^ Adams-Schoen, Sarah (2023-04-17). "Juliana v. United States". Oregon Encyclopedia.
- ^ "Juliana v. United States". Climate Case Chart.
- ^ "Youth Climate Lawsuit Against Federal Government Headed for Trial". Yale E360 Digest.
- ^ Kluger, Jeffrey (2024-01-04). "Climate Gets Its Day in Court". TIME. Retrieved 2024-01-05.
- ^ Raymond, Nate (2024-09-12). "Young people ask US Supreme Court to revive climate change lawsuit". Reuters. Retrieved 2024-10-01.