ELR Citation: 54 ELR 20004
No(s). 6:15-cv-01517-AA (D. Or. Dec 29, 2023) (Aiken, J.)

A district court granted in part and denied in part the federal government's motion to dismiss a second amended complaint in an ongoing civil rights lawsuit brought by 21 young people. Plaintiffs argued the government promoted the exploitation of fossil fuels despite knowing its actions would significantly endanger plaintiffs and future generations, in violation of the Due Process Clause, the Equal Protection Clause, the Ninth Amendment, and the public trust doctrine. The government moved to dismiss all four claims. The court found plaintiffs adequately alleged a due process claim and stated a claim under a purported public trust doctrine, but that the equal protection claim and the Ninth Amendment claim were not viable. It granted the government's motion with respect to the latter two claims, but denied it as to to the due process and public trust claims.