OUR CHILDREN’S TRUST supports youth and attorneys in various actions around the country, including pending cases in the state courts of OR, NM, PA, MA, WA and CO. These youth and others 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.
In addition to the pending cases listed below, courts in Alaska, Texas, Arizona, Kansas, Montana, Pennsylvania have issued developmental decisions on which the pending cases are in part based. As well, youth supported by Our Children's Trust filed administrative rule-making petitions in each state in the nation. These petitions also form the foundation of several of the pending state cases. And, cases in still more states are now in development.
State cases now pending: