Air Quality May Be Part Of Public Trust: Ariz. Appeals Court

Law360, New York (March 15, 2013, 1:39 PM EDT) -- An Arizona appeals court on Thursday refused to revive a class action claiming that government officials have a legal responsibility to protect the atmosphere from pollutants like greenhouse gases, but explicitly rejected the state's argument that air quality cannot be considered part of the public trust.

The three-judge panel said that named plaintiff Jaime Lynn Butler's suit fails because she could not show that the state improperly disposed of a resource or that state inaction on the atmosphere violates a specific constitutional provision. The opinion also...
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