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...