CHR-NI-2016-0001 Supplementary Memorandum by Resource Person, Katherine Lofts
adaptation action points. The court also ordered the creation of a Climate Change
Commission composed of representatives of key ministries, NGOs, and technical
experts to assist the court in monitoring the government's progress in implementing
the Framework.
(7) Juliana v. United States
Filing date: 2015
Status: Stay lifted; awaiting new trial date
Jurisdiction: United States District Court for the District of Oregon
Twenty-one individual youth plaintiffs, along with the nonprofit organization Earth
Guardians, and Dr. James Hansen (acting as guardian for future generations), filed
a lawsuit in the federal district court for the District of Oregon against the United
States, the president, and various federal officials and agencies. The plaintiffs allege
that by allowing fossil fuel production, consumption, and combustion at dangerous
levels, with full appreciation of the results of their actions, defendants have violated
their constitutional rights to life, liberty, and property. In particular, the plaintiffs
allege that defendants have violated the due process clause of the Fifth Amendment,
and the equal protection principles embedded in the Fifth Amendment, have
infringed the unenumerated rights under the Ninth Amendment, and have violated
the public trust doctrine. The plaintiffs ask the court to order the defendants to swiftly
phase down CO2 emissions aimed at atmospheric CO2 concentrations that are no
more than 350 ppm by 2100, to develop a national plan to restore Earth’s energy
balance, and to implement that national plan so as to stabilize the climate system.
(8) Ali v. Federation of Pakistan
Date: 2016
Reporter information: Constitutional Petition No. ___ / I of 2016
Status: Judgment pending
Jurisdictions: Pakistan (Punjab, Lahore High Court)
This challenge against the federal government of Pakistan and the Province of Sindh
was filed in the name of a youth petitioner in the city of Karachi. It alleges that
environmental degradation from the burning of coal to generate electricity
constitutes a violation of the constitutionally protected fundamental rights of the
petitioner and of the future generations of Pakistan, including the right to life, as well
as a violation of the Public Trust Doctrine as it relates to Pakistan’s atmosphere and
climate. The Petition alleges that the government of Pakistan is responsible for a
range of acts and omissions, including the approval of a plan to develop coal fields
in the Thar desert region, which would dramatically increase the country’s
greenhouse gas emissions. The Petition draws on Pakistan’s National Climate
Change Policy of 2012 and its Framework for Implementation of Climate Change
Policy to demonstrate that the government has acknowledged the reality and
consequences of climate change.
(9) Union of Swiss Senior Women for Climate Protection v. Swiss Federal
Council
Filing Date: 2016
4