Feds Slam Denial Of Direct Appeal In Kids' Climate Suit

Law360, New York (May 8, 2017, 6:35 PM EDT) -- The federal government on Friday objected to an Oregon magistrate judge’s recommendation to deny a request to certify questions for appellate review in a youth-driven suit that alleges the U.S. violated the Constitution by failing to protect future generations from climate change.

The objection said Magistrate Judge Thomas M. Coffin ignored the fact that the questions presented for direct appeal, such as whether the plaintiffs have a constitutionally protected interest in a climate system with a certain concentration of carbon dioxide, were chiefly legal questions and did not require findings of fact. By certifying that question and four others posed by the federal...

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