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21 Kids Climate Change Lawsuit Drags On (Reg & Leg)
21 Kids
Date: 2018-11-12
Following up on our August 1st coverage, the U.S. Court of Appeals for the Ninth Circuit on Thursday granted the Trump administration a temporary stay in an environmental suit brought by a group of 21 young Americans alleging that the US government's energy policies were exacerbating climate change and thus infringing on their constitutional right to life, liberty and property.

The plaintiffs are seeking a court order forcing the government to take action and create a plan that includes reducing CO2 emissions to an atmospheric concentration of 350 ppm or less by 2100.

As previously reported, President Donald Trump has been trying to kill the case but the court ruled against the President saying: "The Government's request for relief is premature and is denied without prejudice.

The court recognized the "justiciability" of the suit's claims, acknowledged substantial grounds for difference of opinion, and noted that "the district court should take these concerns into account in assessing the burdens of discovery and trial, as well as the desirability of a prompt ruling on the Government's pending dispositive motions." The court ruled "The Government's request for relief is premature and is denied without prejudice." The court noted the respondents' claims is striking, however, and the "justiciability" of those claims presents substantial grounds for difference of opinion. The District Court should take these concerns into account in assessing the burdens of discovery and trial, as well as the desirability of a prompt ruling on the Government's pending dispositive motions."

The government has attempted to stay proceedings prior to the current action culminating in the Ninth Circuit's present grant of temporary stay in order for the court to consider the petition for writ of mandamus filed November 5. The plaintiffs must file a response to the petition in 15 days, with the government being able to respond to that document five days after its filing.

The not-for-profit Our Children's Trust organization is supporting the young plaintiffs in their case. (Source: Various Media, Jurist, 9 Nov., 2018)

More Low-Carbon Energy News 21 Kids Climate Change,  Young Climate Change,  Trump,  

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