CHERNAIK v. BROWN

A159826.

436 P.3d 26 (2019)

295 Or.App. 584

Olivia CHERNAIK, a Minor and Resident of Lane County, Oregon; Lisa Chernaik, Guardian of Olivia Chernaik; Kelsey Cascadia Rose Juliana, a Minor and Resident of Lane County, Oregon; and Catia Juliana, Guardian of Kelsey Juliana, Plaintiffs-Appellants, v. Kate BROWN, in Her Official Capacity as Governor of the State of Oregon; and State of Oregon, Defendants-Respondents.

Court of Appeals of Oregon.

January 9, 2019.


Attorney(s) appearing for the Case

Courtney B. Johnson argued the cause for appellants. On the briefs were William H. Sherlock and Hutchinson Cox.

Carson L. Whitehead , Assistant Attorney General, argued the cause for respondents. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Steven M. Thiel filed the brief amici curiae for Law Professors.

Elisabeth A. Holmes and Blue River Law, P. C., filed the brief amici curiae for Mayor Kitty Piercy, Representative Peter Buckley, Councilor Peter Cornelison, Oregon Physicians for Social Responsibility, Oregon Environmental Council, Climate Solutions, Policy Interactive, Tom Bowerman, Earth Guardians 350 Club, 350 PDX, 350 Eugene, Rogue Climate, Columbia Gorge Climate Action Network, Southern Oregon Climate Action Now, Hair on Fire, Douglas County Global Warming Coalition, Indow Windows, Eric Strid, Oregon Unitarian Universalist Voices for Justice, Interfaith Earthkeepers, Climate Justice Committee of the Unitarian Universalist Fellowship of Corvallis, League of Women Voters of Oregon, and Coalition of Communities of Color.

Before Armstrong, Presiding Judge, and Shorr, Judge, and Garrett, Judge pro tempore.


Plaintiffs1 sued defendants the State of Oregon and Governor Kate Brown2 (collectively, the state) for declaratory and equitable relief related to the state's alleged failure to take sufficient steps to protect the state's public-trust...

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