Olivia Chernaik and other Oregon residents filed a suit in an Oregon state court against Governor Kate

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Olivia Chernaik and other Oregon residents filed a suit in an Oregon state court against Governor Kate Brown and other state officials. According to the plaintiffs, the state holds “vital natural resources,” including water, air, land, and wildlife, in trust for the benefit of its citizens. “Oregon has the ability to curtail greenhouse gas emissions, increase carbon sequestration, and take the steps necessary to protect the [state’s resources] from the adverse effects of climate change.” The plaintiffs claimed, however that the state had failed to uphold its “fiduciary obligation to protect and preserve those resources.” The plaintiffs asked the court to order the defendants to “develop and implement a carbon reduction plan that will protect [resources] by the best available science.” The plaintiffs rooted their claim in the common law public-trust doctrine. Under this doctrine, a state holds certain resources in trust for the public’s use and cannot convey or otherwise dispose of them in a manner that would interfere with this right. Is the court likely to grant the plaintiffs’ request? Explain. [Chernaik v. Brown, 295 Or.App. 584, 436 P.3d 26 (2019)] (See Federal, State, and Local Regulations.)

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Business Law Text And Cases

ISBN: 9780357129630

15th Edition

Authors: Kenneth W. Clarkson, Roger LeRoy Miller

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