OUR CHILDREN’S TRUST supports youth and attorneys in various actions around the country, including pending cases in the state courts of OR, AK, NM, PA, MA, and CO. These youth are achieving judicial decisions that lay the necessary groundwork to establish the overall legal right to a healthy atmosphere and stable climate.
Specifically, these court decisions have rejected many legal defenses raised by our opponents, including non-justiciability, standing, separation of powers and sovereign immunity. In support of our youths’ positions, and in face of argument to the contrary, the courts have expressly reserved for themselves the exclusive right to determine whether a particular resource is protected by the Public Trust Doctrine for the use and enjoyment of present and future generations, and whether there has been a breach of that trust. Our cases are now progressing to the next phases where the courts will make those determinations relative to our atmosphere.