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The Climate Litigation Database

Svitak v. Washington

Geography
Year
2011
Document Type
Litigation
Part of

About this case

Filing year
2011
Status
Unpublished opinion issued affirming dismissal.
Docket number
69710-2-I
Court/admin entity
United StatesState CourtsWashington Court of Appeals (Wash. Ct. App.)
Case category
Public Trust Claims (US)
Principal law
United StatesPublic Trust Doctrine
At issue
Action seeking declaration that State of Washington had obligation to protect atmosphere as public trust and to regulate greenhouse gas emissions.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
12/16/2013
Unpublished opinion issued affirming dismissal.
The Washington Court of Appeals affirmed the dismissal of a public trust doctrine case brought by minor children and their guardians to force Washington to accelerate its greenhouse gas reductions. The appellate court ruled that the claims presented a political question that must be left to the legislature to address (particularly where, as in this case, the legislature had already addressed greenhouse gas emissions), and that the issue of the state’s alleged inaction was not justiciable because there were no specific alleged constitutional or statutory violations.
Decision

Summary

Action seeking declaration that State of Washington had obligation to protect atmosphere as public trust and to regulate greenhouse gas emissions.

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Group
Topics
Target
Risk
Impacted group
Fossil fuel
Greenhouse gas
Economic sector