The Juliana plaintiffs – 21 minor children – filed suit in 2015 arguing that the federal government violated their fundamental right to a stable climate grounded in the Due Process and Equal Protection Clauses of the 5th Amendment, by supporting a fossil-fuel economy. They also argue that the government breached its duty to hold the atmosphere in trust under common law principles. In the 9th Circuit, Jeff Clark argued that there is no substantive constitutional right to a stable environment and the suit is a “direct attack on the separation of powers”. Jeff will discuss the “climate kids” litigation and future implications for states and state constitutional law going forward.

Speaker:

• Jeff Clark, Assistant Attorney General, Environmental and Natural Resources Division, U.S. Department of Justice