MCEA Blog
MCEA Staff blog regularly about current environmental issues and how they relate to MCEA's work.
A magistrate judge in Oregon refused to dismiss the lawsuit brought by a group of kids alleging that the federal government is violating their rights under the "public trust" doctrine by not taking sufficient action on climate change. This reflects what some call a growing trend for courts around the world to be more assertive on climate change issues, embracing new constitutional theories to find a right to a decent environment.
It is important to note that surviving a motion to dismiss does not mean you have won. All it means is that, if you can prove up the facts you allege, your legal theory may entitle you to relief, i.e. that your complaint "states a claim upon which relief can be granted." Still, this case is worth following. Next step is probably review by the district court judge out there in Oregon.
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