Climate Change and the Constitution: The Right to a Clean

Climate change is an issue that has recently come to the forefront of discussion in both the United States and the rest of the world. Commonly, climate change is debated through the lens of politics, social policy, or economic principles. The legal field has not yet delved as deeply into the issue. Until recently, many have hoped to combat climate change through legislation and lifestyle changes. However, individuals, activists, and other groups around the country have now turned to the courts to compel governmental action on climate change. In 2015, a youth environmental activist group, Our Children’s Trust (“Plaintiffs”), sued the United States government (“Defendant”) in federal court in the District of Oregon. In Juliana v. United States(one of the most closely watched climate change cases), the Plaintiffs are a group of children and teenagers who—at the time the complaint was filed—were between the ages of eight and nineteen. These children were joined by Earth Guardians, another youth environmental activist group, and Dr. James Hansen, who acts as a guardian for future generations. In their complaint, Plaintiffs allege that the United States government has been well-aware of the dangers associated with the burning of fossil fuels and its effects on the []