Chernaik v. Kitzhaber

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.” Defendants moved to dismiss the amended complaint on the ground that the trial court lacked subject matter jurisdiction. The trial court granted…