Juliana v. United States

Juliana v. United States is one of the most high-profile instances of climate litigation globally. In the case, 21 American youth sued the United States federal government for violating their constitutional rights to life, liberty, and property and for failing to protect resources under the Public Trust Doctrine. The case generated significant media attention and inspired numerous other "Youth v. Gov" cases worldwide.

The case remains active, with the plaintiffs currently seeking to amend their complaint in order to obtain a long awaited trial in U.S. District Court.

Background
21 youth, non-profit organization Earth Guardians, and future generations represented by climate scientist Dr. James Hansen filed suit against the U.S. government in the U.S. District Court for the District of Oregon in 2015. Their complaint asserted that, through the government's affirmative actions that cause climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.

The case has a complicated procedural history, with multiple motions having advanced to the U.S. Supreme. A significant victory for the youth plaintiffs came in November 2016 when a U.S. District Court rejected a motion to dismiss, holding that the plaintiffs had standing to due and that they had a fundamental right to "a climate system capable of sustaining human life."

Upon appeal at the Ninth Circuit Court in January 2020, the case was dismissed in a split 2-1 ruling. The youth plaintiff applied for appeal in an en banc rehearing which the Ninth Circuit Court denied in February 2021. The plaintiffs are currently working on a petition for writ of certiorari to get the case before the U.S. Supreme Court. They have also filed a motion to amend their complain, hoping to proceed to trial in U.S. District Court.

The case has received significant public and media attention. The case was featured on 60 Minutes in June 2019. [https://www.cbsnews.com/news/juliana-versus-united-states-climate-change-lawsuit-60-minutes-2019-06-23/ The climate change lawsuit that could stop the U.S. government from supporting fossil fuels. 60 Minutes] Amicus curiae briefs from numerous prominent institutions have been filed in the case, including 24 members of the United States Congress, prominent experts in the fields of constitutional law, climate change, and public health, and several leading women’s, children’s, environmental, and human rights organizations.

Relevant Law and Principles

 * Public Trust Doctrine

Status
The case was dismissed by the U.S. Ninth Circuit Court in January 2020. The youth plaintiffs filed a petition for an en banc rehearing but this was denied by the Ninth Circuit Court in February 2021.

The plaintiffs are currently working on a petition for writ of certiorari to get the case before the U.S. Supreme Court. They have also filed a motion to amend their complain, hoping to proceed to trial in U.S. District Court.

Takeaways
Juliana v. United States is one of the most high-profile instances of climate litigation worldwide. It has generated significant media and public attention, inspired numerous "Youth v. Gov" lawsuits worldwide, and framed the issue of climate change as one that threatens the lives and rights of children alive today. The case is an excellent example of how climate litigation can be used to generate media attention and frame climate change in a way to moves public opinion.

Links

 * Our Children's Trust Website
 * Sabin Center Database

==References