"Federal judges won’t revisit an ambitious climate lawsuit from 21 young plaintiffs against the U.S. government—a development that could catapult climate law issues to the U.S. Supreme Court.
The U.S. Court of Appeals for the Ninth Circuit on Wednesday declined to rehear Juliana v. United States, also known as the kids’ climate case. The decision is another loss for the plaintiffs on their high-stakes claims that the government is violating their constitutional rights to a safe climate system.
Lawyers for the children and young adults are already vowing to take the issue to the Supreme Court, despite warnings from legal scholars that such a move could undermine environmental litigation more broadly.
“The Ninth Circuit failed to correct the legal errors in the panel decision. It’s now up to the U.S. Supreme Court to protect the ability of our federal courts to interpret the U.S. Constitution and resolve controversies through a declaration of law,” Our Children’s Trust executive director and chief legal counsel Julia Olson said in a statement Wednesday."
Ellen M. Gilmer reports for Bloomberg Environment February 10, 2021.
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"Appeals Court Rebuffs Youth Climate Activists In Novel Case Against Government" (The Hill)