The Wheels of Justice 02 July 2014
نویسندگان
چکیده
On the face of it, the 5 June ruling by the U.S. Court of Appeals for the District of Columbia Circuit, affirming the earlier dismissal of the youths’ case, is a setback. However, the Court’s ruling positions the case to proceed to the Supreme Court on the question of whether the federal government has a public trust obligation to its citizens. The Court of Appeals focused on a recent U.S. Supreme Court case, PPL Montana v. Montana, which the D.C. Circuit found to exclude any federal public trust obligation, leaving all public trust obligations to the states. However, that interpretation leads to the implausible requirement for states to take actions to stabilize climate and negotiate international agreements for that purpose. Thus one route to the Supreme Court will entail challenging the concept that the federal government has no trust obligations, with the climate case itself providing clear evidence to the contrary.
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