Yesterday, the Ninth Circuit issued an order dismissing the
Juliana litigation. In this case, the plaintiffs had
asserted that the government had knowingly violated their due
process rights by encouraging and permitting the combustion of
fossil fuels, and had sought a declaratory judgment and injunctive
relief based upon "the federal government's fiduciary role
in preserving the atmosphere." In essence, this case was an
example of "atmospheric trust litigation," a concept
based on the public trust doctrine and international responsibility
related to natural resources.
The Ninth Circuit had previously dismissed the case on the basis
that the plaintiffs lacked standing in January 2020, but the lower
court subsequently granted the plaintiffs' motion for leave to
amend the complaint in June 2023. The government appealed that
decision. The Ninth Circuit took exception to the lower court's
decision that enabled the case to continue, re-affirming their
earlier ruling that
