9th Circ. Sees Climate Problem But Rejects Plaintiffs' Solution

Law360 (February 3, 2020, 5:18 PM EST) -- A divided panel of the U.S. Court of Appeals for the Ninth Circuit found last month that a group of plaintiffs lacked standing under Article III of the United States Constitution to challenge the federal government’s alleged failure to protect and promote a “climate system capable of sustaining human life.”[1] 

While scholars may debate the extent to which individual court decisions affect society, according to U.S. District Judge Josephine L. Staton, the author of the dissent, this decision could very well mean the destruction of “the United States as we currently know it.” Remarkably, based on the statements in the decision,...

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