No Standing In Kids Climate Case, 9th Circ. Says

Climate Depot | 1/17/2020 | Admin
jenn1020jenn1020 (Posted by) Level 3
In a 2-1 decision, the appeals court made several key findings regarding the youthful plaintiffs' standing. It found the kids showed they have indeed been injured by the federal government's policies. And they also held that the plaintiffs' argument that the government's policies are a "substantial factor" in causing the injuries could have been decided at trial. But the majority drew the line at whether a court could give the kids the relief they are seeking.

Law360 (January 17, 2020, 12:32 PM EST) — The Ninth Circuit on Friday threw out a lawsuit filed by a group of children who say the federal government’s failure to act to curb climate change is endangering their future, finding the legislative and executive branches of government are the only ones with the power to redress the kids’ alleged injuries.

Decision - Appeals - Court - Findings - Plaintiffs

In a 2-1 decision, the appeals court made several key findings regarding the youthful plaintiffs’ standing. It found the kids showed they have indeed been injured by the federal government’s policies. And they also held that the plaintiffs’ argument that the government’s policies are a “substantial factor” in causing the injuries could have been decided at trial. But the majority drew the line at whether a court could give the kids the relief they are seeking.

“There is much to recommend the adoption of a comprehensive scheme to decrease fossil fuel emissions and combat climate change, both as a policy matter in general and a matter of national survival in particular,” Ninth Circuit Judges Mary H. Murguia and Andrew D. Hurwitz said. “But it is beyond the power of an Article III court to order, design, supervise, or implement the plaintiffs’ requested remedial plan.”

They said that...
(Excerpt) Read more at: Climate Depot
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