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-Appellants,
v.
John KITZHABER, in his official capacity as Governor of the State of Oregon; and State of Oregon, Respondents-Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and submitted January 16, 2014.
Decided June 11, 2014.
Attorney(s) appearing for the Case
Tanya M. Sanerib argued the cause for appellants. With her on the opening brief were Christopher Winter and Crag Law Center, and William H. Sherlock and Hutchinson, Cox, Coons, Orr & Sherlock, P.C. With her on the reply brief were Center for Biological Diversity, and John Mellgren and Western Environmental Law Center.
Elisabeth A. Holmes and Center for Food Safety filed the brief amici curiae for Kitty Piercy, Mayor of Eugene; Pete Sorenson, Rob Handy, Shawn Boles, Sasha Luftig, Jessica Bloomfield, Howard Bonnett, Dawn Lesley, Dave Funk, Kathi Jaworski, Sue Wolling, Artemio Paz Jr., Martin Donohoe, and Harper Keeler, Individually; Willamette Farm and Food Coalition; Northwest Center for Alternatives to Pesticides; Center for Food Safety; Eugene Local Foods; Kid Food Matters; Climate Solutions; Native American Student Union at the University of Oregon; Partners for Sustainable Schools; Sustainable Oregon Schools Initiative; Sundance Natural Foods; Falling Sky Brewery; Sequential Biofuels; Mount Pisgah Arboretum; Native American Law Students Association-University of Oregon Chapter; and Witness.
Before HADLOCK, Presiding Judge, and DeVORE, Judge, and SCHUMAN, Senior Judge.
Court of Appeals of Oregon.
HADLOCK, P.J.
Plaintiffs are children who, through their guardians ad litem, sued the State of Oregon and Governor John Kitzhaber, M.D., for declaratory and equitable relief. In their amended complaint, plaintiffs seek, in addition to other relief, a declaration that defendants "have violated their duties to uphold the public trust and protect the State's atmosphere as well as the water, land, fishery, and wildlife resources from the impacts of climate change...
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