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The Climate Litigation Database

Aronow v. Minnesota

Geography
Year
2011
Document Type
Litigation
Part of

About this case

Filing year
2011
Status
Order issued granting motion to dismiss.
Docket number
62-CV-11-3952
Court/admin entity
United StatesState CourtsMinnesota District Court (Minn. Dist. Ct.)
Case category
Public Trust Claims (US)
Principal law
United StatesMinnesota Environmental Rights ActUnited StatesPublic Trust Doctrine
At issue
Challenge under the public trust doctrine to Minnesota's failure to regulate greenhouse gas emissions.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
01/30/2012
Order issued granting motion to dismiss.
A trial court granted the defendants' motion to dismiss, holding first that the governor was not a proper party because he had no legislative authority to implement the policies sought by the plaintiff. Turning to the merits, the court held that that the public trust doctrine only applies to navigable waters, not the atmosphere. In addition, the court held that the plaintiff had no viable claim under the Minnesota Environmental Rights Act given that he had not given the requisite notice and had not sued on behalf of the state, as the statute required.
Decision
05/04/2011
Complaint filed.
Our Children’s Trust, an environmental group based in Oregon, filed dozens of lawsuits in federal court and several states asserting that the federal government and state governments had an obligation under the public trust doctrine to regulate greenhouse gas emissions. In Minnesota, the group commenced a lawsuit against the State, the Governor, and the Minnesota Pollution Control Agency.
Complaint

Summary

Challenge under the public trust doctrine to Minnesota's failure to regulate greenhouse gas emissions.

 Topics mentioned most in this case  
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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance