This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Environmental & Energy,
Constitutional Law,
9th U.S. Circuit Court of Appeals

Jan. 21, 2020

9th: Climate is just too complicated for the courts

The en banc court's Jan. 17 message to the plaintiffs in Juliana v. United States, was clear: You're right about your constitutional right to a climate system capable of sustaining human life, but protecting that right would just be too complicated for the courts.

Dave-Inder Comar

Managing Partner
Comar Mollé LLP

Email: inder@comarlaw.com

Dave is also the executive director of Just Atonement Inc., a nonprofit human rights law firm. He practices in the United States and internationally. Comar co-authored an amicus brief in the Juliana case urging the 9th Circuit to remand the case to the district court for trial.

The 9th U.S. Circuit Court of Appeals' Jan. 17 message to the plaintiffs in Juliana v. United States, 2020 DJDAR 315, was clear: You're right about your constitutional right to a climate system capable of sustaining human life, but protecting that right would just be too complicated for the courts.

The court's decision regrettably passes ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up