AdministrativeLaw Environmental SocialSecurity DueProcess FifthAmendment Privacy JusticiabilityDoctri
Whether this suit is justiciable under Article III
QUESTIONS PRESENTED In 2015, plaintiffs—21 minors, an environmental advocacy organization, and a guardian purporting to represent future generations—sued the United States, the President, eight Executive Branch agencies, and other federal defendants for depriving them of an asserted right to “a climate system capable of sustaining human life” under the Due Process Clause of the Fifth Amendment and related legal theories. As relief, plaintiffs ask the district court to order the federal defendants to “move to swiftly phase out CO: emissions, as well as take such other action as necessary to ensure that atmospheric CO, is no more concentrated than 350 ppm by 2100, including to develop a national plan to restore Earth’s energy balance, and implement that national plan so as to stabilize the climate system.” After three years of litigation, trial is set to begin on October 29, 2018. The questions presented are as follows: 1. Whether this suit is justiciable under Article III. 2. Whether this suit should be dismissed for failure to comply with the requirements of the Administrative Procedure Act, 5 U.S.C. 551 et seq. 3. Whether this suit should be dismissed because there is no right to “a climate system capable of sustaining human life” under the Due Process Clause or a publictrust doctrine. (I)