In the action brought by young people in Oregon alleging violations of their constitutional rights arising from the federal government’s actions and inaction leading to increased carbon dioxide emissions, the federal government and industry trade groups intervening on the federal government’s behalf filed motions to certify for appeal the federal district court’s order denying their motions to dismiss. The federal defendants’ motion sought review of five questions that the defendants said were controlling questions of law for which “there is substantial ground for difference of opinion and for which an immediate appeal may materially advance the ultimate termination of the litigation.” The questions involved whether plaintiffs had adequately alleged “invasion of a legally protected and judicially-cognizable interest in maintaining ‘a climate system capable of sustaining human life,”” whether they had adequately pleaded the causation and redressability elements of standing, whether they had a “constitutionally-protected fundamental life, liberty, or property interest in a ‘climate system’ with a particular atmospheric level of CO2” that federal agencies had a duty to protect even if taking action would contravene existing statutes and regulations, and whether they had a cognizable public trust doctrine claim. The intervenor-defendants—National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, and American Petroleum Institute—joined in requesting review of these questions and also sought review of the question of whether the political question doctrine barred the plaintiffs’ claims. The federal defendants and intervenor-defendants both sought expedited review of their motions and to stay litigation.

Action by young plaintiffs asserting that the federal government violated their constitutional rights by causing dangerous carbon dioxide concentrations. [Due to a technical issue, some documents are currently not available.]

Juliana v. United States

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Federal Government and Industry Groups Asked Oregon District Court for Immediate Appeal of Denial of Motions to Dismiss in Young People’s Climate Case

Filed

United States of America

Oregon

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

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

Federal Government and Industry Groups Asked Oregon District Court for Immediate Appeal of Denial of Motions to Dismiss in Young People’s Climate Case

Fossil fuel

Greenhouse gas

Economic sector