10 November 2016
United States District Court, District of Oregon, Eugene Division
Case no. 6:15-cv-01517-TC
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.
Follow the matter on the Our Children’s Trust website.
Motion to dismiss the action for lack of subject-matter jurisdiction and failure to state a claim
Judge: Aiken J
Date: 10 November 2016
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.
Petition for a writ of mandamus
Judge: Chief Justice Thomas
Date: 7 March 2018
The defendants argued that by allowing the case to proceed would result in burdensome discovery obligations on the federal government that would threaten the separation of powers. The Court however dismissed the petition and found that the issues raised by the defendants on mandamus were better addressed through the ordinary course of litigation.