Bar Bulletin

Bar Bulletin

A New Environment for Climate Change Litigation

September 2017 Bar Bulletin

By Marina Cassio

(First of Three Parts)

With the federal executive branch backtracking from Obama-era climate change programs, the judicial branch may be increasingly receptive to novel forms of climate change litigation. In Juliana v. United States,1 a small group of young people and a climate scientist representing future generations are suing the federal government for violating their asserted constitutional rights to a stable climate system. In November of last year, U.S. District Judge Ann Aiken denied a motion to dismiss that complaint.2

In June, Judge Aiken fully adopted the recommendation of Magistrate Judge Thomas Coffin to deny a related motion for interlocutory appeal.3 Judge Coffin...

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