Bar Bulletin

Bar Bulletin

A New Environment for Climate Change Litigation

October 2017 Bar Bulletin

By Marina Cassio

(Second of Two 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. As noted in the September issue, in Juliana v. United States, 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.

The first part of this article set forth the background of climate change litigation and began the...

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