Victoria Stuart 🇨🇦 🏳️‍⚧️

US Government Urges Court to Dismiss Federal Youth Climate Lawsuit
Department of Justice request seeks to shut courthouse doors on young people and climate science
https://www.desmog.com/2023/06/26/doj-federal-government-dismiss-juliana-youth-climate-lawsuit/

http://climatecasechart.com/case/juliana-v-united-states/
https://en.wikipedia.org/wiki/Juliana_v._United_States

Juliana, et al. v. United States of America, et al. is a climate-related lawsuit filed in 2015 by 21 youth plaintiffs against the United States and several executive branch officials.
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#DeSmog #JulianaVsUS #EnvironmentalLaw #ClimateChange #DOJ #FossilFuels

US Government Urges Court to Dismiss Federal Youth Climate Lawsuit

The U.S. Department of Justice is asking a federal district court in Oregon to put an end to the landmark constitutional youth climate lawsuit Juliana v. United States after the court reactivated the litigation earlier this month. The case, which was originally filed in 2015 and alleges constitutional violations stemming from the federal government’s ongoing […]

DeSmog
Jun 27, 2023 at 6:34amWeb
Show threadVictoria Stuart 🇨🇦 🏳️‍⚧️Jun 27, 2023

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They assert that the government has knowingly violated their due process rights of life, liberty, and property as well as the government's sovereign duty to protect public grounds by encouraging and permitting the combustion of fossil fuels.

The case is an example of an area of environmental law referred to as "atmospheric trust litigation", a concept based on the public trust doctrine and international responsibility related to natural resources.
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#MotionForLeave #AmendAPleading

Show threadVictoria Stuart 🇨🇦 🏳️‍⚧️Jun 27, 2023

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In January 2020, a Ninth Circuit panel dismissed the case on the grounds that the plaintiffs lacked standing to sue for an injunction.

On February 10, 2021, the en banc Ninth Circuit issued an order without written dissents denying the appeal.

In July 2021, the plaintiffs moved for leave to amend their complaint.

Ongoing settlement talks broke down in November 2021.

In June 2023, the District Court granted the plaintiffs' motion for leave to amend the complaint.
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Show threadVictoria Stuart 🇨🇦 🏳️‍⚧️Jun 27, 2023

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[Explanation by example]

Write a Motion for Leave to Amend a Pleading
https://www.textbookdiscrimination.com/Guides/Motions/Leave-Amend

Background: You have recently been availed of important legal material before trial
Problem: That important stuff is missing from your civil complaint
Solution: You ask the Court for permission to amend your pleading

#legalese #MotionForLeave #AmendAPleading #USGovernment #InternationalResponsibility GlobalWarming #YouthClimateAction

TBD | How-To Write a Motion for Leave to Amend a Pleading

This page outlines how to ask the Court for permission to amend your pleading

TextBookDiscrimination.com