In a nationally significant decision in the case Chernaik v. Kitzhaber, the Oregon Court of Appeals ruled a trial court must decide whether the atmosphere is a public trust resource that the state of Oregon, as a trustee, has a duty to protect. Two youth plaintiffs were initially told they could not bring the case by the Lane County Circuit Court. The trial court had ruled that climate change should be left only to the legislative and executive branches. Today, the Oregon Court of Appeals overturned that decision.
Two teenagers from Eugene, Kelsey Juliana and Olivia Chernaik, filed the climate change lawsuit against Governor Kitzhaber and the State of Oregon for failing to protect essential natural resources, including the atmosphere, state waters, and coast lines, as required under the public trust doctrine. Their lawsuit asked the State to take action in restoring the atmosphere to 350 ppm of CO2 by the end of the century. The Oregon Court of Appeals rejected the defenses raised by the State, finding that the youth could obtain meaningful judicial relief in this case.
Kelsey, who is celebrating her win on her last day of high school, said, “This decision makes me feel very proud to be an Oregonian. It validates the younger generation’s voice and lets us know that we are listened to and considered, and that our future matters. I’m so grateful to everyone who is working with me to achieve climate justice. We have a lot of work ahead, but I’m very hopeful, and I’m looking forward to having the merits of this case heard in court.”
For more on this story, visit: Youth Win Reversal In Critical Climate Recovery Case (press release, 6.11.14) | Western Environmental Law Center.