Description: Challenge under the public trust doctrine to Minnesota's failure to regulate greenhouse gas emissions.
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Aronow v. Minnesota
Case Documents:
Filing Date Type File Action Taken Summary 10/01/2012 Opinion Download Opinion issued affirming dismissal. On appeal, a state appellate court affirmed the dismissal of the action, holding that the public trust doctrine only applied to navigable waters and did not apply to the atmosphere. -
Aronow v. Minnesota
Case Documents:
Filing Date Type File Action Taken Summary 01/30/2012 Order Download 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. 05/04/2011 Complaint Download 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.