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The Climate Litigation Database
Litigation

Aronow v. Minnesota

Date
2011
Geography
Minnesota
Part of
Aronow v. Minnesota

About this case

Filing year
2011
Status
Order issued granting motion to dismiss.
Geography
Docket number
62-CV-11-3952
Court/admin entity
United States → State Courts → Minn. Dist. Ct.
Case category
Public Trust Claims
Principal law
United States → Minnesota Environmental Rights ActUnited States → Public Trust Doctrine
At issue
Challenge under the public trust doctrine to Minnesota's failure to regulate greenhouse gas emissions.

Documents

Filing Date
Type
Action Taken
Document
Summary
01/30/2012
Decision
Order issued granting motion to dismiss.
View
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.
05/04/2011
Complaint
Complaint filed.
View
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.

Summary

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