January 17, 2020: A Divided Decision

The Ninth Circuit Court of Appeals issued an order on the interlocutory appeal in which they recognized the gravity of the evidence on the plaintiffs’ injuries from climate change, the government’s role in causing them, and that the government is violating the plaintiffs’ constitutional rights. However, two of the three judges also “reluctantly” concluded that the plaintiffs’ requested remedies should be addressed by the executive and legislative branches rather than the courts. The third judge, Judge Josephine L. Staton, affirmed the youths’ constitutional climate rights in a powerful dissent.