b.1.3. Constitutional Rights and Public Trust Doctrine: Juliana et. al v. United States of America On April 8, 2016, a Magistrate Judge for U.S. District Court for the District of Oregon recommended the denial of motions from the Government and fossil fuel and energy industry associations to dismiss a climate lawsuit brought by 18 youth plaintiffs and Dr. James Hansen, as a guardian for future generations. The Magistrate Judge summarized the youths’ claims in his recommendation: [The] Plaintiffs assert the actions and omissions of defendants that increased C02 emissions "shock the conscience," and are infringing the plaintiffs' right to life and liberty in violation of their substantive due process rights. Plaintiffs also allege defendants have violated plaintiffs' equal protection rights embedded in the Fifth Amendment by denying them protections afforded to previous generations and by favoring short term economic interests of certain citizens. Plaintiffs further allege defendants' acts and omissions violate the implicit right, via the Ninth Amendment, to a stable climate and an ocean and atmosphere free from dangerous levels of C02. Finally, plaintiffs allege defendants have violated a public trust doctrine, secured by the Ninth Amendment, by denying future generations essential natural resources.145 The Magistrate Judge’s findings and recommendation are to be provided to a District Court Judge, and the parties will be allowed to file objections and responses. Then, the District Court will issue its judgment or order.146 This !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 145 Juliana et. al v. United States of America, Order and Findings and Recommendation, 6:15-cv-1517-TC, Apr. 8, 2016, at 2, http://ourchildrenstrust.org/sites/default/files/16.04.08.OrderDenyingMTD.pdf (last accessed on Apr. 19, 2016) [hereinafter Juliana v. U.S.] 146 M. Gerrard, Sabin Center for Climate Change Law, Climate Law Blog, Our Children’s Trust Suit against US Government Surmounts Litigation Hurdle, Apr. 9, 2016, ! ! ! ! ! ! 54 !