9th Circuit rejects “Kids’ Climate Change” lawsuit against U.S. government

Le·gal In·sur·rec·tion | 1/17/2020 | William A. Jacobson
jenn1020jenn1020 (Posted by) Level 3
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The last time we checked in on the so-called Kids’ Climate Change lawsuit, in November 2018, we noted that the trial was on hold, Trial of Kids Climate Change Lawsuit indefinitely postponed:

The so-called Kids Climate Change Lawsuit seeks to hold the U.S. government liable for climate change and to compel remedial action. Seriously.

Lawsuit - Trial - October - Motion

It’s a ludicrous lawsuit that was supposed to go to trial in late October 2018, after surviving a motion to dismiss.

Here’s how the district court described the claims in refusing to dismiss the case:

Plaintiffs - Rights - Action - Group - People

Plaintiffs in this civil rights action are a group of young people between the ages of eight and nineteen (“youth plaintiffs”); Earth Guardians, an association of young environmental activists; and Dr. James Hansen, acting as guardian for future generations.2 Plaintiffs filed this action against defendants the United States, President Barack Obama, and numerous executive agencies. Plaintiffs allege defendants have known for more than fifty years that the carbon dioxide (“CO;’) produced by burning fossil fuels was destabilizing the climate system in a way that would “significantly endanger plaintiffs, with the damage persisting for millenia.” First. Am. Comp. ¶1. Despite that knowledge, plaintiffs assert defendants, “[b ]y their exercise of sovereign authority over our country’ s atmosphere and fossil fuel resources, … permitted, encouraged, and otherwise enabled continued exploitation, production, and combustion of fossil fuels, … deliberately allow[ing] atmospheric C02 concentrations to escalate to levels unprecedented in human history[.]” Id ¶5. Although many different entities contribute to greenhouse gas emissions, plaintiffs aver defendants bear “a higher degree of responsibility than any other individual, entity, or country” for exposing plaintiffs to the dangers of climate change. Id. ¶7. Plaintiffs argue defendants’ actions violate their substantive due process rights to life, liberty, and property, and that defendants have violated their obligation to hold certain natural resources in trust...
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