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The Climate Litigation Database

Animal Legal Defense Fund v. United States

Geography
Year
2018
Document Type
Litigation
Part of

About this case

Filing year
2018
Status
Reply brief filed by plaintiffs-appellants.
Docket number
19-35708
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Ninth Circuit (9th Cir.)
Case category
Constitutional Claims (US)Fifth Amendment (US)Constitutional Claims (US)First Amendment (US)Constitutional Claims (US)Fourteenth Amendment (US)Constitutional Claims (US)Other Constitutional Claims (US)
Principal law
United StatesFifth Amendment—Due ProcessUnited StatesFirst AmendmentUnited StatesFourteenth Amendment—Due ProcessUnited StatesFourth AmendmentUnited StatesNinth Amendment
At issue
Claims against the federal government alleging violations of a constitutional right to wilderness and seeking order requiring the government to prepare and implement a remedial plan to mitigate climate change impacts.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
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Search results
06/21/2021
Opening brief filed.
Nonprofit organizations and individuals filed their opening brief in their Ninth Circuit appeal of a District of Oregon decision dismissing their lawsuit asserting a constitutional “right to wilderness” that the federal government violated by failing to protect public wild lands from climate change. The plaintiffs-appellants argued that the district court erred when it found that the plaintiffs lacked standing and ruled that no plaintiff can suffer a particularized injury due to climate change. The plaintiffs also contended that they had specifically alleged the particular remedies they sought to protect public lands from the adverse impacts from climate change. In addition, the plaintiffs argued that they had pled sufficient facts to state “a substantive due process right to be let alone … , expressed through solitude in wilderness.”
Brief

Summary

Claims against the federal government alleging violations of a constitutional right to wilderness and seeking order requiring the government to prepare and implement a remedial plan to mitigate climate change impacts.

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Group
Topics
Policy instrument
Risk
Impacted group
Fossil fuel
Greenhouse gas
Economic sector
Finance