beyond the power of an Article III court to order, design, supervise, or implement the plaintiffs’ requested remedial plan where any effective plan would necessarily require a host of complex policy decisions entrusted to the wisdom and discretion of the executive and legislative branches.
The panel reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large.
Juliana et al. Vs US Federal Government is Dismissed.
A federal appeals court on Friday threw out a lawsuit by children and young adults who claimed U.S. government climate policy put their future in jeopardy, a major blow to the high-profile case after a string of failed similar bids.
In a 2-1 decision, the 9th U.S. Circuit Court of Appeals said the plaintiffs, who were ages 8 to 19 when the lawsuit began, lacked legal standing to pursue their case, and that the issues they raised should be decided by other branches of the federal government.
The decision derails the potentially far-reaching case, one of more than half a dozen similar cases filed in state courts, from Washington to Alaska, by an Oregon-based youth advocacy non-profit called Our Children’s Trust.
The lawsuit had first been filed in an Oregon federal court in 2015, charging that the U.S. government’s environmental…
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