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Juliana V. United States
''Juliana, et al. v. United States of America, et al.'' is a climate-related lawsuit filed in 2015 by 21 youth plaintiffs against the United States and several executive branch officials. Filing their case in the United States District Court for the District of Oregon, the plaintiffs, represented by the non-profit organization Our Children's Trust, include Xiuhtezcatl Martinez, the members of Martinez's organization Earth Guardians, and climatologist James Hansen as a "guardian for future generations". Some fossil fuel and industry groups intervened as defendants, but were later dropped at their request following the 2016 presidential election. They assert that the government has knowingly violated their due process rights of life, liberty, and property as well as the government's sovereign duty to protect public grounds by encouraging and permitting the combustion of fossil fuels. The plaintiffs call for the government to offer “both declaratory and injunctive relief for thei ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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Mary Christina Wood
Mary Christina Wood (born 1962) is an Oregon Philip H. Knight Professor of Law and author, best known for her writings advocating for the use of the public trust doctrine to compel government action on climate change. Wood originated the approach, called atmospheric trust litigation, "to hold governments worldwide accountable for reducing carbon pollution within their jurisdictions, and her research is being used in cases and petitions brought on behalf of children and youth throughout the United States and in other countries." In 2014, after a number of atmospheric trust litigation and petitions were brought by young people worldwide, Forbes contributor James Conca wrote, "(i)f the Supreme Court holds the government responsible for at least trying to protect our atmosphere, things could certainly change here in America." Early life Wood grew up "watching salmon at a place called Wood's Landing, located on the Columbia River in the State of Washington." Education Wood gradu ...
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SCOTUSblog
''SCOTUSblog'' is a law blog written by lawyers, law professors, and law students about the Supreme Court of the United States (sometimes abbreviated "SCOTUS"). Formerly sponsored by Bloomberg Law, the site tracks cases before the Court from the certiorari stage through the merits stage. The site live blogs as the Court announces opinions and grants cases, and sometimes has information on the Court's actions published before either the Court or any other news source does. SCOTUSblog frequently hosts symposiums with leading experts on the cases before the Court. The blog comprehensively covers all of the cases argued before the Court and maintains an archive of the briefing and other documents in each case. History and growth The blog's first post was published on October 1, 2002. The blog began as a means of promoting the law firm then known as Goldstein & Howe, P.C. The blog moved to its current address on February 7, 2005. In the same year, it was featured by ''BusinessWeek' ...
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Harvard Law Review
The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 journals in the category "Law". It is published monthly from November through June, with the November issue dedicated to covering the previous year's term of the Supreme Court of the United States. The journal also publishes the online-only ''Harvard Law Review Forum'', a rolling journal of scholarly responses to the main journal's content. The law review is one of three honors societies at the law school, along with the Harvard Legal Aid Bureau and the Board of Student Advisors. Students who are selected for more than one of these three organizations may only join one. The Harvard Law Review Association, in conjunction with the ''Columbia Law Review'', the ''University of Pennsylvania Law Review'', and the '' Yale Law Journal'', publi ...
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Utility Air Regulatory Group V
As a topic of economics, utility is used to model worth or value. Its usage has evolved significantly over time. The term was introduced initially as a measure of pleasure or happiness as part of the theory of utilitarianism by moral philosophers such as Jeremy Bentham and John Stuart Mill. The term has been adapted and reapplied within neoclassical economics, which dominates modern economic theory, as a utility function that represents a single consumer's preference ordering over a choice set but is not comparable across consumers. This concept of utility is personal and based on choice rather than on pleasure received, and so is specified more rigorously than the original concept but makes it less useful (and controversial) for ethical decisions. Utility function Consider a set of alternatives among which a person can make a preference ordering. The utility obtained from these alternatives is an unknown function of the utilities obtained from each alternative, not the sum of ...
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American Electric Power Co
American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, people who self-identify their ancestry as "American" ** American English, the set of varieties of the English language native to the United States ** Native Americans in the United States, indigenous peoples of the United States * American, something of, from, or related to the Americas, also known as "America" ** Indigenous peoples of the Americas * American (word), for analysis and history of the meanings in various contexts Organizations * American Airlines, U.S.-based airline headquartered in Fort Worth, Texas * American Athletic Conference, an American college athletic conference * American Recordings (record label), a record label previously known as Def American * American University, in Washington, D.C. Sports teams Soccer * ...
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Public Nuisance
In English criminal law, public nuisance was a common law offence in which the injury, loss, or damage is suffered by the public, in general, rather than an individual, in particular. In Australia In ''Kent v Johnson'' the Supreme Court of the ACT held that public nuisance is "an unlawful act or omission ... which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all".''Kent v Johnson (Minister of State for Works)'' (1973) 2 ACTR 1; (1973) 21 FLR 177, Supreme Court (ACT, Australia). And also, public nuisance is a criminal offense at some common law and by statute under some states. To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. * (1): title to sue In the case ''Walsh v Ervin'',. as ...
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Greenhouse Gas Emissions
Greenhouse gas emissions from human activities strengthen the greenhouse effect, contributing to climate change. Most is carbon dioxide from burning fossil fuels: coal, oil, and natural gas. The largest emitters include coal in China and large oil and gas companies, many state-owned by OPEC and Russia. Human-caused emissions have increased atmospheric carbon dioxide by about 50% over pre-industrial levels. The growing levels of emissions have varied, but it was consistent among all greenhouse gases (GHG). Emissions in the 2010s averaged 56 billion tons a year, higher than ever before. Electricity generation and transport are major emitters; the largest single source, according to the United States Environmental Protection Agency, is transportation, accounting for 27% of all USA greenhouse gas emissions. Deforestation and other changes in land use also emit carbon dioxide and methane. The largest source of anthropogenic methane emissions is agriculture, closely followed by ...
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Greenhouse Gases
A greenhouse gas (GHG or GhG) is a gas that absorbs and emits radiant energy within the thermal infrared range, causing the greenhouse effect. The primary greenhouse gases in Earth's atmosphere are water vapor (), carbon dioxide (), methane (), nitrous oxide (), and ozone (). Without greenhouse gases, the average temperature of Earth's surface would be about , rather than the present average of . The atmospheres of Venus, Mars and Titan also contain greenhouse gases. Human activities since the beginning of the Industrial Revolution (around 1750) have increased the atmospheric concentration of carbon dioxide by over 50%, from 280 ppm in 1750 to 421 ppm in 2022. The last time the atmospheric concentration of carbon dioxide was this high was over 3 million years ago. This increase has occurred despite the absorption of more than half of the emissions by various natural carbon sinks in the carbon cycle. At current greenhouse gas emission rates, temperatures could increas ...
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Environmental Protection Agency
A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale from microscopic to global in extent. It can also be subdivided according to its attributes. Examples include the marine environment, the atmospheric environment and the terrestrial environment. The number of biophysical environments is countless, given that each living organism has its own environment. The term ''environment'' can refer to a singular global environment in relation to humanity, or a local biophysical environment, e.g. the UK's Environment Agency. Life-environment interaction All life that has survived must have adapted to the conditions of its environment. Temperature, light, humidity, soil nutrients, etc., all influence the species within an environment. However, life in turn modifies, in various forms, its conditions. ...
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Massachusetts V
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut [Massachusett writing systems, məhswatʃəwiːsət],'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England region of the Northeastern United States. It borders on the Atlantic Ocean and Gulf of Maine to the east, Connecticut and Rhode Island to the south, New Hampshire and Vermont to the north, and New York (state), New York to the west. The state's capital and List of municipalities in Massachusetts, most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban area, urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American History of the United States, history, academia, and the Economy of the United States, research economy. Originally dependent on agriculture, fishing, and trade. Massachusetts was transformed into a manuf ...
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Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ...
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