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  • U.S. Climate Change Litigation
    • Public Trust Claims

27 Cases found

Held v. State

Filing Date: 2020
Court/Admin Entity: Mont. Dist. Ct.
Status: Complaint filed. [ 03/13/2020 ]
Description: Lawsuit seeking declaration of right under the Montana constitution to a stable climate system and to compel Montana to prepare and implement a remedial plan to reduce greenhouse gas emissions.
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AquAlliance v. U.S. Bureau of Reclamation

Filing Date: 2020
Court/Admin Entity: E.D. Cal.
Status: Complaint filed. [ 05/11/2020 ]
Description: Challenge to environmental review and approval of a 2019-2024 water transfer program for the sale of water by sellers upstream of the Sacramento-San Joaquin Delta to buyers south of the Delta.
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Komor v. United States

Filing Date: 2019
Court/Admin Entity: D. Ariz.
Status: Motion to stay granted. [ 08/27/2019 ]
Description: Constitutional climate change lawsuit seeking an order requiring the federal government to research and establish a program for direct atmospheric carbon removal.
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In re The Gas Co. dba Hawaii Gas

Filing Date: 2019
Court/Admin Entity: Haw.
Status: PUC's decision and order vacated and case remanded to the PUC for further proceedings. [ 06/09/2020 ]
Description: Challenge to the Hawaii Public Utilities Commission’s approval of a rate increase that allowed a utility to pass the costs of two liquid natural gas project on to its customers.
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Aji P. v. State of Washington

Filing Date: 2018
Court/Admin Entity: Wash.
Status: Response brief filed by State of Washington. [ 03/25/2019 ]
Description: Action by young people under 18 years of age claiming that the State of Washington and state agencies and officials violated plaintiffs' rights by creating and maintaining fossil fuel-based transportation and energy systems.
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Reynolds v. Florida

Filing Date: 2018
Court/Admin Entity: Fla. Cir. Ct.
Status: Court issued written order dismissing the amended complaint with prejudice. [ 06/10/2020 ]
Description: Action by eight young people asserting that the State of Florida and its agencies and officials violated fundamental rights to a stable climate system under Florida common law and the Florida constitution.
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Clean Air Council v. United States

Filing Date: 2017
Court/Admin Entity: E.D. Pa.
Status: Defendants' motion to dismiss granted. [ 02/19/2019 ]
Description: Lawsuit against United States and other federal defendants asserting constitutional claims to block deregulatory actions by Trump administration.
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Petition for Rulemaking to Limit North Carolina’s Carbon Dioxide Emissions to Protect a Stable Climate System and Preserve the Natural Resources of North Carolina

Filing Date: 2017
Court/Admin Entity: NC DEQ
Status: Petition for rulemaking submitted. [ 11/14/2017 ]
Description: Rulemaking petition filed on behalf of three youth petitioners seeking promulgation of requirements to reduce in-boundary carbon emissions to zero by 2050.
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Sinnok v. Alaska

Filing Date: 2017
Court/Admin Entity: Alaska
Status: Statement of points on appeal filed by appellants. [ 11/29/2018 ]
Description: Lawsuit contending that Alaska state Climate and Energy Policy violated youth plaintiffs' rights under the state constitution.
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Juliana v. United States

Filing Date: 2015
Court/Admin Entity: 9th Cir.
Status: Letter filed by plaintiffs regarding supplemental authority (Bostock v. Clayton County, Georgia). [ 06/22/2020 ]
Description: Action by young plaintiffs asserting that the federal government violated their constitutional rights by causing dangerous carbon dioxide concentrations.
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Funk v. Wolf

Filing Date: 2015
Court/Admin Entity: Pa.
Status: Dismissal affirmed. [ 03/28/2017 ]
Description: Seeking to compel Pennsylvania to take action to restrict carbon dioxide emissions.
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Foster v. Washington Department of Ecology

Filing Date: 2014
Court/Admin Entity: Wash. Ct. App.
Status: Unpublished opinion issued reversing trial court order that granted relief from judgment. [ 09/05/2017 ]
Description: Challenge to denial of rulemaking petition that asked Department of Ecology to recommend restrictions on greenhouse gas emission to state legislature.
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Farb v. Kansas

Filing Date: 2012
Court/Admin Entity: Kan. Dist. Ct.
Status: Memorandum decision and order issued granting motion to dismiss. [ 06/04/2013 ]
Description: Lawsuit alleging that state had responsibility under public trust doctrine to prevent climate change.
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Kids vs. Global Warming Petition to Massachusetts Department of Environmental Protection

Filing Date: 2012
Court/Admin Entity: Mass. DEP
Status: Response issued to rulemaking petition. [ 06/24/2013 ]
Description: Rulemaking petition requesting strict limits on fossil fuel carbon dioxide emissions and establishment of annual emissions reduction strategy to comply with statutory obligations.
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Funk v. Commonwealth of Pennsylvania

Filing Date: 2012
Court/Admin Entity: Pa. Commw. Ct.
Status: Opinion issued. [ 07/03/2013 ]
Description: Proceeding seeking to compel the Pennsylvania Department of Environmental Protection to advance a petition for rulemaking concerning carbon dioxide emissions.
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Kanuk v. Alaska

Filing Date: 2011
Court/Admin Entity: Alaska
Status: Petition for rehearing denied. [ 10/28/2014 ]
Description: Action seeking declaration that State of Alaska had obligation to protect atmosphere as public trust and regulate greenhouse gas emissions.
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Sanders-Reed v. Martinez

Filing Date: 2011
Court/Admin Entity: N.M. Dist. Ct.
Status: Summary judgment entered for defendants. [ 07/04/2013 ]
Description: Action seeking declaration that state had obligation to protect atmosphere as public trust and to regulate greenhouse gas emissions.
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Chernaik v. Brown

Filing Date: 2011
Court/Admin Entity: Or.
Status: Supreme Court affirmed Court of Appeals decision that public trust doctrine does not impose fiduciary obligation. [ 10/22/2020 ]
Description: Action seeking declaration that state had obligation to protect atmosphere as public trust and regulate greenhouse emissions.
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Alec L. v. McCarthy

Filing Date: 2011
Court/Admin Entity: U.S.
Status: Certiorari denied. [ 12/08/2014 ]
Description: Lawsuit alleging violation of the public trust by the government and seeking 6% annual reduction in greenhouse gas emissions.
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Filippone v. Iowa Department of Natural Resources

Filing Date: 2011
Court/Admin Entity: Iowa Ct. App.
Status: Opinion issued affirming denial of rulemaking petition. [ 03/13/2013 ]
Description: Petitions seeking state action to reduce greenhouse gas emissions pursuant to the public trust doctrine.
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