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, Petitioners on Review,
v.
Kate BROWN, in her official capacity as Governor of the State of Oregon; and State of Oregon, Respondents on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and submitted November 13, 2019.
October 22, 2020.
Attorney(s) appearing for the Case
Courtney Johnson , Crag Law Center, Portland, argued the cause and filed the briefs for petitioners on review. Also on the briefs was William Sherlock .
Elisabeth A. Holmes , Blue River Law, P.C., Eugene, filed the briefs for amici curiae 350 Corvallis, 350 Deschutes, 350 Eugene, 350 PDX, Ashland Food Co-Op, Beyond Toxics, Cascadia Action Network, Cascadia Wildlands, Churchill Climate Action Club, Citizens for Renewables of Coos County, City of Milwaukie, Clackamas Climate Action Coalition, Climate Action Coalition, Climate Justice League, Climate Reality Project: Portland, Coconut Bliss, Earth Guardians 350 Club, Ecumenical Ministries of Oregon, Eugene Springfield NAACP, First Unitarian Church of Portland, Friends of the Columbia Gorge, Hair on Fire Oregon, Paul Holvey, Hummingbird Wholesale, Indivisible North Coast Oregon, Indow Windows, Interfaith Earthkeepers, League of Women Voters of Oregon, John Lively, Mount Pisgah Arboretum, Multnomah Youth Commission, OPAL Environmental Justice Oregon, ORD2 Indivisible, Oregon Environmental Council, Oregon League of Conservation Voters, Oregon Physicians for Social Responsibility, Oregon Unitarian Universalist Voices for Justice, Oregon Youth Legislative Initiative, Organically Grown Company, Partners for Sustainable Schools, Portland Youth Climate Council, Reverend Cecil Prescod, Riverside Community Church, Royal Blue Organics, Reverend Dr. Marilyn Sewell, Reverend John Shuck, Stop Fracked Gas PDX, Eric Strid, Temple Beth Israel, The Center for Sustainable Economy, The Green Energy Institute, The Raven Corps, The Sierra Club and its Oregon Chapter, The Village School, Thrive Hood River, Unitarian Universalist Church of Eugene, Mayor Lucy Vinis, and Willamette Riverkeeper.
Courtney Lords , Multnomah County Attorney's Office, Portland, filed the brief for amici curiae Multnomah and Lane Counties. Also on the brief was Jenny M. Madkour , County Attorney for Multnomah County.
Travis Eiva , Zemper Eiva Law LLC, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.
Brian T. Hodges , Pacific Legal Foundation, Bellevue, Washington, filed the brief for amicus curiae Pacific Legal Foundation.
Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Kistler, Senior Judge, Justice pro tempore.
NAKAMOTO, J.
Relying on an expanded view of the public trust doctrine, plaintiffs—two young Oregonians, concerned about the effects of climate change, and their guardians— brought this action against the Governor and the State of Oregon (collectively, the state). Broadly speaking, plaintiffs contended that the state was required to...
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