In 2016, 21 teenagers sued the federal government, alleging that it allowed, and even encouraged, carbon emissions
Question:
In 2016, 21 teenagers sued the federal government, alleging that it allowed, and even encouraged, carbon emissions to increase over the past 50 years and that the government’s actions, and its failure to act, have so profoundly damaged the Earth that they threaten the plaintiffs’ fundamental rights to due process under the Fifth Amendment. A federal district court judge in Oregon denied the government’s motion to dismiss the case, finding that the plaintiffs sufficiently alleged that the government’s conduct violated their constitutional right to a clean and healthy climate environment. The court’s decision is the first of its kind in the environmental law arena. How might the government’s actions and its failure to act constitute violations of due process under the Fifth Amendment? Do you agree with the judge’s ruling that the plaintiffs should be allowed to proceed with their case? See Juliana v. United States, 217 F.Supp.3d 1224 (D. Or. Nov. 10, 2016). The District Court stayed the proceedings so the government could make an interlocutory appeal on the issue of plaintiffs’ standing to pursue the case. For the ruling of the Ninth Circuit on that appeal, see Juliana v. United States, 947 F.3d 1159 (9th Cir 2020).
Step by Step Answer:
Law Business And Society
ISBN: 9781260247794
13th Edition
Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker