recognize through action this right to the preservation of to healthful and pleasant atmosphere, the time is now…”.140 The time is now for the Honorable Commission to recognize the Petitioners’ right to a healthy atmosphere and the urgent need for the Carbon Majors Respondents to take responsibility for human rights impacts associated with companies’ carbon production. 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.141 The magistrate Judge’s findings and recommendation are provided to a district Judge and parties will be allowed to file objections and responses. Then, the district court will issue its judgment or order.142 This could be appealed, and only after all the appeals are heard, will the case proceed to the merits. This case is highly relevant to the instant Petition because of the fossil fuel and energy industry associations’ status as intervenor-defendants. Three associations - National Association of Manufacturers, American Fuel and Petroleum Manufacturers, and American Petroleum !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 140 Id. at 9. 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.] 142 M. Gerrard, Sabin Center for Climate Change Law, Climate Law Blog, Our Children’s Trust Suit against US Government Surmounts Litigation Hurdle, April 9, 2016, http://blogs.law.columbia.edu/climatechange/2016/04/09/our-childrens-trust-suit-against-us-government-surmountslitigation-hurdle/ (last accessed on Apr. 19, 2016). 141 ! 42! ! ! ! ! !