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Juliana et al v United States of America et al

November 10, 2016 at 12:00 am

United States District Court, District of Oregon, Eugene Division 

Case no. 6:15-cv-01517-TC

Date: 10 November 2016

Judge: Aiken J

In this matter, the plaintiffs argue that by permitting, encouraging and enabling continued exploitation, production and combustion of fossil fuels,  the President of the United States and numerous executive agencies have their substantive due process rights to life, liberty and property and that they have violated their obligation to hold certain natural resources in trust for the people and for future generations.

The defendants and various fossil fuel companies who intervened in the matter, moved to dismiss the action for lack of subject-matter jurisdiction and failure to state a claim. Their motion was dismissed.

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Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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