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Chernaik v. Kitzhaber
Oregon Court of Appeals
328 P.3d 799, 263 Or. App. 463 (2014)
- Written by Tammy Boggs, JD
Facts
Two Oregonian children (plaintiffs) sued the Governor and State of Oregon (defendants) for declaratory relief in state court. The children sought a declaration that various natural resources, including the atmosphere, water, land, fishery, and wildlife, were held by the state in public trust, the state owed a fiduciary duty to protect the natural resources from impacts of climate change, and the state had breached its duty. The children’s claims were based on the public-trust doctrine. The state moved to dismiss the operative complaint on the ground that the court lacked subject-matter jurisdiction. The trial court granted the motion, and the children appealed.
Rule of Law
Issue
Holding and Reasoning (Hadlock, J.)
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