Chernaik v. Brown

475 P.3d 68 (2020)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Chernaik v. Brown

Oregon Supreme Court
475 P.3d 68 (2020)

Facts

Under the public-trust doctrine, the State of Oregon (Oregon) (defendant) held title to the land underlying all navigable waterways within its territory. Caselaw established that the navigable waters themselves were considered public-trust resources. In 1892, the United States Supreme Court stated that the purpose of the public-trust doctrine was to preserve navigable waterways from private encroachment. In 2020, two young residents of Oregon (residents) sued Oregon and Kate Brown, the governor of Oregon (defendant), for violation of the public-trust doctrine. The residents argued that Oregon had to protect the atmosphere of Oregon and other natural resources in Oregon from the effects of climate change and ocean acidification. The residents asked for an order enjoining Oregon to record Oregon’s annual greenhouse gas emissions and implement a plan to protect the state’s natural resources from carbon emissions. The residents and Oregon agreed that climate change was causing harm to Oregon and that the legislative and executive branches of government had taken steps to address the harm. The residents argued that all natural resources within Oregon were interconnected and that the value of resources such as the atmosphere justified application of the public-trust doctrine.

Rule of Law

Issue

Holding and Reasoning (Nakamoto, J.)

Dissent (Walters, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 735,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 735,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership