Skip to Content

Centre for Environmental Rights - Advancing Environmental Rights in South Africa

Support Us Like us on Facebook Follow us on Twitter

Virtual Library

Home>Judgments>Foreign and International Courts

Juliana et al v United States of America et al

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.

Download the judgment 

View the press statement by Our Children’s Trust 

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.

Download the opinion

 

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.

Report a Violation

National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

In addition, there are a number of national and provincial hotlines that may be useful.

Contact us

  • Address:Cape Town: Second Floor, Springtime Studios, 1 Scott Road, Observatory, 7925, Cape Town - View map
  • Address:Johannesburg: Ninth Floor, Southpoint Corner, 87 De Korte Street, Braamfontein, 2001, Johannesburg - View map