In a split decision, the Alaska Supreme Court affirmed the dismissal of a lawsuit brought by young Alaskans alleging that the State of Alaska’s development of its natural resources contributed to climate change and violated the Alaska Constitution’s natural resources provisions as well as their individual constitutional rights. The Supreme Court held that the plaintiffs’ claims for injunctive relief—requests that the State stop implementing its statutory energy policy, prepare and complete and accurate accounting of Alaska’s carbon emissions, and develop an enforceable “climate recovery plan”—presented non-justiciable political questions. The Supreme Court found that the Superior Court had not erred by considering the requested relief as part of its political question analysis. The Supreme Court then followed its “sound precedent” in Kanuk—an earlier case brought by young people to compel climate action—to conclude that it could not make “the legislative policy judgments necessary to grant the requested injunctive relief.” The court further concluded that the plaintiffs’ declaratory relief claims did not necessarily present non-justiciable political questions but that the Superior Court had properly dismissed them on “prudential grounds” because they did not present an “actual controversy” that was “appropriate for judicial determination.” The Supreme Court again cited Kanuk. Although noting differences in this case, in which the plaintiffs asserted constitutional rights beyond the public trust doctrine and challenged past actions, as opposed to inaction, the Supreme Court concluded that neither distinction meant that declaratory relief “would settle the parties’ legal relations more fully than it would have in Kanuk.” The Supreme Court also upheld the Department of Environmental Conservation’s denial of the plaintiffs’ rulemaking petition, finding that the Department reasonably could conclude that the regulation sought “was inconsistent with the legislature’s statutory policies and thus outside its delegated authority.” Justice Maassen dissented, joined by Justice Carney, from the court’s “rejection of declaratory relief as serving no useful purpose.” The dissent stated the view that “a balanced consideration of prudential doctrines requires that we explicitly recognize a constitutional right to a livable climate.” Although the dissent agreed that the majority’s decision was consistent with Kanuk, Justice Maassen wrote that he was “no longer convinced that nothing can be gained by clarifying Alaskans’ constitutional rights and the State’s corresponding duties in the context of climate change.” Justice Maassen would have found that the public trust doctrine in the Alaska Constitution provided a right to a livable climate.

Lawsuit contending that Alaska state Climate and Energy Policy violated youth plaintiffs' rights under the state constitution.

Sagoonick v. State

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Alaska Supreme Court Affirmed Dismissal of Young People’s Climate Case

Filed

United States of America

Alaska

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Actions to reduce emissions in energy generation and supply.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

woman and genders outside of the gender binary

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

Alaska Supreme Court Affirmed Dismissal of Young People’s Climate Case

Target

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance