[Proposed] SECOND AMENDED COMPLAINT FOR DECLARATORY AND 

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JULIA A. OLSON (OR Bar 062230)

julia@ourchildrenstrust.org

Our Children’s Trust

1216 Lincoln Street

Eugene, OR 97401

Tel: (415) 786-4825 

PHILIP L. GREGORY (pro hac vice)

pgregory@gregorylawgroup.com

Gregory Law Group

1250 Godetia Drive

Redwood City, CA 94062

Tel: (650) 278-2957

ANDREA K. RODGERS (OR Bar 041029)

andrea@ourchildrenstrust.org

Our Children’s Trust

3026 NW Esplanade

Seattle, WA 98117

Tel: (206) 696-2851

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON – EUGENE DIVISION

KELSEY CASCADIA ROSE JULIANA;

XIUHTEZCATL TONATIUH M., through 

his Guardian Tamara Roske-Martinez; 

ALEXANDER LOZNAK; JACOB LEBEL; 

ZEALAND B., through his Guardian Kimberly 

Pash-Bell; AVERY M., through her Guardian 

Holly McRae; SAHARA V., through her 

Guardian Toña Aguilar; KIRAN ISAAC 

OOMMEN; TIA MARIE HATTON; ISAAC 

V., through his Guardian Pamela Vergun; 

MIKO V., through her Guardian Pamela 

Vergun; HAZEL V., through her Guardian 

Margo Van Ummersen; SOPHIE K., through 

her Guardian Dr. James Hansen; JAIME B., 

through her Guardian Jamescita Peshlakai;

JOURNEY Z., through his Guardian Erika 

Schneider; VIC B., through his Guardian Daisy 

Calderon; NATHANIEL B., through his 

Guardian Sharon Baring; AJI P., through his 

Guardian Helaina Piper; LEVI D., through his 

Guardian Leigh-Ann Draheim; JAYDEN F., 

through her Guardian Cherri Foytlin; 

NICHOLAS V., through his Guardian Marie 

Venner; and FUTURE GENERATIONS, 

through their Guardian Dr. James Hansen;

Plaintiffs,

Case No.: 6:15-cv-01517-AA

[Proposed] SECOND AMENDED 

COMPLAINT FOR DECLARATORY 

AND INJUNCTIVE RELIEF

Constitutional Rights; Declaratory 

Judgment Action (28 U.S.C. §§ 1331, 2201, 

2202)

Deleted: TORIA

Deleted: her 

Deleted: EARTH GUARDIANS, a nonprofit 

organization;

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Deleted: Constitutional Rights and Public Trust Action 

(28 U.S.C. § 1331)¶

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vs.

The UNITED STATES OF AMERICA; The 

OFFICE OF THE PRESIDENT OF THE 

UNITED STATES; BRENDA MALLORY, 

in her official capacity as Director of Council 

on Environmental Quality; SHALANDA 

YOUNG, in her official capacity as Acting 

Director of the Office of Management and 

Budget; ERIC LANDER, in his official 

capacity as Director of the Office of Science 

and Technology Policy; The UNITED 

STATES DEPARTMENT OF ENERGY; 

JENNIFER GRANHOLM, in her official 

capacity as Secretary of Energy; The UNITED 

STATES DEPARTMENT OF THE 

INTERIOR; DEB HAALAND, in her official 

capacity as Secretary of Interior; The UNITED 

STATES DEPARTMENT OF 

TRANSPORTATION; PETE BUTTIGIEG, 

in his official capacity as Secretary of 

Transportation; The UNITED STATES 

DEPARTMENT OF AGRICULTURE; 

THOMAS J. VILSACK, in his official 

capacity as Secretary of Agriculture; The 

UNITED STATES DEPARTMENT OF 

COMMERCE; GINA RAIMONDO, in her 

official capacity as Secretary of Commerce; 

The UNITED STATES DEPARTMENT OF 

DEFENSE; LLOYD AUSTIN, in his official 

capacity as Secretary of Defense; The UNITED 

STATES DEPARTMENT OF STATE; 

ANTONY BLINKEN, in his official capacity 

as Secretary of State; The UNITED STATES

ENVIRONMENTAL PROTECTION 

AGENCY; MICHAEL REGAN, in his

official capacity as Administrator of the EPA; 

Defendants.

Deleted: BARACK OBAMA, in his official capacity as 

President of the United States; 

Deleted: MATT LEE-ASHLEYCHRISTY GOLDFUSS

Deleted: hisher

Deleted: Acting 

Deleted: ROB FAIRWEATHERSHAUN DONOVAN

Deleted: his

Deleted: KEI KOIZUMIDR. JOHN HOLDREN

Deleted: Acting 

Deleted: DR. ERNEST MONIZ

Deleted: is

Deleted: SCOTT DE LA VEGASALLY JEWELL

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Deleted: Acting 

Deleted: ANTHONY FOXX

Deleted: PENNY PRITZKER

Deleted: ASHTON CARTER

Deleted: JOHN KERRY

Deleted: JANE NISHIDAGINA MCCARTHY

Deleted: her

Deleted: Acting 

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TABLE OF CONTENTS

Page

INTRODUCTION.....................................................................................................................1

JURISDICTION AND VENUE................................................................................................5

PLAINTIFFS ............................................................................................................................7

DEFENDANTS .......................................................................................................................85

STATEMENT OF FACTS .....................................................................................................99

I. THE FEDERAL GOVERNMENT HAS KNOWN FOR DECADES THAT CARBON 

DIOXIDE POLLUTION WAS CAUSING CATASTROPHIC CLIMATE CHANGE AND 

THAT MASSIVE EMISSION REDUCTIONS AND A NATION-WIDE TRANSITION 

AWAY FROM FOSSIL FUELS WAS NEEDED TO PROTECT PLAINTIFFS’

CONSTITUTIONAL RIGHTS.................................................................................99

II. IN SPITE OF KNOWING OF THE SEVERE DANGERS POSED BY CARBON 

POLLUTION, DEFENDANTS CREATED AND ENHANCED THE DANGERS THROUGH 

FOSSIL FUEL EXTRACTION, PRODUCTION, CONSUMPTION, TRANSPORTATION,

AND EXPORTATION..........................................................................................104

A. Despite the Known Danger, Defendants Caused Climate Instability 

and Allowed U.S. Fossil Fuel Extraction, Production, Consumption, 

Transportation, and Exportation and Associated Emissions, to 

Dangerously Increase .........................................................................104

B. Defendants Have Allowed Excessive Fossil Fuel Production on 

Federal Public Lands. ........................................................................107

C. Defendants Subsidize the Fossil Fuel Industry..................................108

D. Defendants Recklessly Allow Interstate and International Transport 

of Fossil Fuels .....................................................................................110

E. Defendants Recklessly Allow CO2 Pollution From Combustion of 

Fossil Fuels..........................................................................................111

III. THE JORDAN COVE LNG EXPORTS.................................................................112

IV. CURRENT SCIENCE ON GLOBAL CLIMATE CHANGE AND 

OCEAN ACIDIFICATION ...................................................................................114

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V. EXISTING IMPACTS OF CLIMATE CHANGE ACROSS THE NATION....................117

VI. FUTURE NATIONAL CLIMATE IMPACTS EXPECTED BY 2050 AND 2100 ...........125

VII. RESTORING THE ENERGY BALANCE AND PROTECTING AGAINST A DANGEROUS 

DESTABILIZED CLIMATE SYSTEM IS POSSIBLE BASED ON BEST AVAILABLE

SCIENCE ..........................................................................................................128

VIII. THE FEDERAL GOVERNMENT’S ADMISSIONS OF ITS PUBLIC TRUSTEE 

OBLIGATIONS..................................................................................................129

CLAIMS FOR RELIEF........................................................................................................133

First Claim for Relief:

VIOLATION OF THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT......133

Second Claim for Relief:

VIOLATION OF EQUAL PROTECTION PRINCIPLES

EMBEDDED IN THE FIFTH AMENDMENT...................................................................137

Third Claim for Relief:

THE UNENUMERATED RIGHTS PRESERVED FOR THE PEOPLE BY THE NINTH 

AMENDMENT .....................................................................................................................140

Fourth Claim for Relief:

VIOLATION OF THE PUBLIC TRUST DOCTRINE.......................................................141

PRAYER FOR RELIEF.......................................................................................................143

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INTRODUCTION

1. For over fifty years, the United States of America1 has known that carbon dioxide 

(“CO2”) pollution from burning fossil fuels was causing global warming and dangerous climate 

change, and that continuing to burn fossil fuels would destabilize the climate system on which 

present and future generations of our nation depend for their wellbeing and survival. Defendants 

also knew the harmful impacts of their actions would significantly endanger Plaintiffs, with the 

damage persisting for millennia. Despite this knowledge, Defendants continued their policies 

and practices of allowing the exploitation of fossil fuels. Specifically, Department of Energy has 

approved the export of liquefied natural gas (“LNG”) from the Jordan Cove LNG terminal in 

Coos Bay, Oregon. This export terminal will be the largest projected source of CO2 emissions in 

Oregon, and will significantly increase the harm that Defendants’ actions are causing to 

Plaintiffs. Defendants have long-standing knowledge of the cumulative danger that their national 

energy system, and the aggregate actions taken thereunder, are causing Plaintiffs. The Jordan 

Cove project enhances the cumulative danger caused by Defendants’ affirmative aggregate 

actions.

2. In a 1965 White House Report on “Restoring the Quality of Our Environment,”

for example, the President’s Science Advisory Committee stated: “The land, water, air and living 

things of the United States are a heritage of the whole nation. They need to be protected for the 

benefit of all Americans, both now and in the future. The continued strength and welfare of our 

nation depend on the quantity and quality of our resources and on the quality of the environment 

in which our people live.”

 1 Throughout this Complaint, the terms “United States” or “Federal Government” refer to 

Defendant United States of America. Alternatively, “U.S.” refers to the country, not the 

Defendant. 

Deleted: ’

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3. The United States Environmental Protection Agency (“EPA”) in 1990 and the 

Congressional Office of Technology Assessment in 1991 prepared plans to significantly reduce 

our nation’s CO2 emissions, stop global warming, and stabilize the climate system for the benefit 

of present and future generations. Both the EPA’s 1990 Plan, “Policy Options for Stabilizing 

Global Climate,” and the OTA’s 1991 Plan, “Changing By Degrees: Steps to Reduce 

Greenhouse Gases,” were prepared at the request of, and submitted to, Congress. Despite the 

imminent dangers identified in both the EPA’s 1990 Plan and the OTA’s 1991 Plan, Defendants 

never implemented either plan. 

4. Since 1990, Defendants have known that CO2 levels in the atmosphere must be 

stabilized at or below 350 parts per million (“ppm”) in order to protect our nation’s climate 

system and that a swift transition away from fossil fuels was necessary. Twenty-five years later, 

today’s best science confirms that 350 ppm is the maximum safe level of atmospheric CO2

required to restore a stable climate system. 

5. Defendants have for decades ignored experts they commissioned to evaluate the 

danger to our Nation, as well as their own plans for stopping the dangerous destabilization of the

climate system. Specifically, Defendants have known of the unusually dangerous risks of harm 

to human life, liberty, and property that would be caused by continued fossil fuel burning. 

Instead, Defendants have willfully ignored this impending harm. By their exercise of sovereign 

authority over our country’s atmosphere and fossil fuel resources, they permitted, encouraged, 

and otherwise enabled continued exploitation, production, and combustion of fossil fuels, and so, 

by and through their aggregate actions and omissions, Defendants deliberately allowed

atmospheric CO2 concentrations to escalate to levels unprecedented in human history, resulting 

in a dangerous destabilizing climate system for our country and these Plaintiffs.

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6. The 1965 Report and the 1990 and 1991 Plans are only examples of the extensive

knowledge Defendants have had about the dangers they caused to present and future generations, 

including Plaintiffs. Since 1965, numerous other studies and reports also have informed 

Defendants of the significant harms that would be caused if Defendants did not reduce reliance 

on carbon-intense energy from fossil fuels and rapidly transition to carbon-free energy. These 

studies and reports concluded that continued fossil fuel dependency would drive the atmospheric 

concentration of CO2 to dangerous levels that would destabilize the climate system. 

7. Yet, rather than implement a rational course of effective action to phase out 

carbon pollution, Defendants have continued to permit, authorize, and subsidize fossil fuel 

extraction, development, consumption and exportation – activities producing enormous 

quantities of CO2 emissions that have substantially caused or substantially contributed to the 

increase in the atmospheric concentration of CO2. Through its policies and practices, the Federal 

Government bears a higher degree of responsibility than any other individual, entity, or country 

for exposing Plaintiffs to the present dangerous atmospheric CO2 concentration. In fact, the 

United States is responsible for more than a quarter of global historic cumulative CO2 emissions.

8. The present level of CO2 and its warming, both realized and latent, are already in 

the zone of danger. Defendants have acted with deliberate indifference to the peril they 

knowingly created. As a result, Defendants have infringed on Plaintiffs’ fundamental 

constitutional rights to life, liberty, and property. Defendants’ acts also discriminate against these 

young citizens, who will disproportionately experience the destabilized climate system in our 

country.

9. By and through natural gas imports and exports, the Federal Government and the 

Department of Energy are further enhancing the dangerous climate situation, without due process 

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and in violation of Plaintiffs’ right to equal protection. As noted above, the Jordan Cove LNG 

Terminal in Coos Bay, Oregon, is the sole LNG export terminal in the Northwest and Oregon’s 

largest projected source of CO2 emissions. The Department of Energy’s approval of LNG

exports from the Jordan Cove LNG Terminal heightens the danger to Plaintiffs that Defendants’ 

actions in the aggregate have created. The result is an unconstitutional violation of Plaintiffs’ 

fundamental rights. 

10. Plaintiffs are especially vulnerable to the dangerous situation that Defendants 

have substantially caused. This Court is Plaintiffs’ last resort to ensure their reasonable safety, 

and that of our Posterity, from the harm perpetrated by Defendants. There is an extremely 

limited amount of time to preserve a habitable climate system for our country; otherwise, the 

warming of our nation will become locked in or rendered increasingly severe. Recent scientific 

studies conclude that our country is now in a period of “carbon overshoot,” with early 

consequences that are already threatening and that will, in the short term, rise to unbearable 

unless Defendants take immediate action to rapidly abate fossil fuel emissions and restore energy 

balance at a lower atmospheric CO2 concentration. 

11. The current policies, plans, and practices of the Federal Government will not 

achieve even a proportionate share of the fossil fuel emission reductions that must occur within 

this century. To the contrary, Defendants’ policies, plans, and practices permit, authorize, and 

subsidize fossil fuel exploitation and consumption, and thus press our climate system further 

toward irretrievable impacts. A key recent instance is the government’s approval of LNG 

exports from the Jordan Cove LNG Terminal. If Defendants continue to promote such 

development and further delay rapid, systematic annual emissions reductions, they will ensure a 

far less hospitable climate system, with far-reaching damage to our nation and Plaintiffs alike.

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12. This Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and the government

Defendants as to whether Defendants’ national energy system has violated and continues to 

violate Plaintiffs’ Fifth Amendment rights as described herein. Until the Court resolves this 

constitutional controversy, these young Plaintiffs will continue to be harmed and put at extreme 

risk by Defendants’ energy system and Defendants will continue policies and practice, made up 

of many aggregate actions, to perpetuate an unconstitutional energy system, avoiding the 

constitutional check of Article III courts and undermining the separation of powers that the 

Framers intended. Without declaratory relief in the first instance, Defendants will be free to, and 

will, continue their policies and practices that make the nation’s energy system in a manner that 

“may hasten an environmental apocalypse” and carry out “the Nation’s willful destruction.” 

Declaratory judgment will eliminate the current and substantial legal controversy and inform the 

parties of the unlawfulness or lawfulness of the government’s conduct, especially as to whether 

Defendants’ conduct causes a deprivation of rights secured by the Constitution. It has long been 

held that there is an expectation in our democracy that government officials will comply with a 

declaratory judgment. Utah v. Evans, 536 U.S. 452, 463-64 (2002). If the constitutional 

controversy is resolved in their favor by declaratory judgment, Plaintiffs intend to seek further 

relief as deemed appropriate and consistent with the separation of powers between the three 

branches of government. Plaintiffs come before this Court to defend and secure their 

fundamental rights under the Constitution, before it is too late.

JURISDICTION AND VENUE

13. This action is brought pursuant to the United States Constitution. It is authorized 

by Article III, Section 2, which extends the federal judicial power to all cases arising in equity 

Deleted: order Defendants to cease their permitting, 

authorizing, and subsidizing of fossil fuels and, instead, 

move to swiftly phase out CO2 emissions, as well as take 

such other action as necessary to ensure that atmospheric 

CO2 is no more concentrated than 350 ppm by 2100, 

including to develop a national plan to restore Earth’s energy 

balance, and implement that national plan so as to stabilize 

the climate system. 

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under the Constitution. An actual case and controversy exists between Plaintiffs and Defendants 

because Defendants have established and carried out a national energy system, through policies, 

practices and aggregate actions, that Plaintiffs claim cause a deprivation of their rights of equal 

protection, substantive due process, and public trust. An actual case and controversy exists 

because, while Plaintiffs claim Defendants’ national energy system causes Plaintiffs’ individual 

and particularized injuries that rise to a constitutional violation, Defendants deny that their 

national energy system is unconstitutional and that they are thereby causing a deprivation of 

Plaintiffs’ rights secured by the Constitution. This controversy not only threatens Plaintiffs’ lives 

and liberties, but threatens the very existence of our Republic until it is resolved by our Article 

III courts. The resolution of that controversy involves questions of scientific, historic, and other 

factual evidence. Plaintiffs have no adequate remedy at law to redress the harms herein, which 

are of a continuing nature and which, if left unresolved, will be irreversible.

14. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 (federal question) as this 

action arises under the laws of the United States. This Court can grant declaratory relief in the 

first instance and later consider further necessary or proper relief, if warranted, pursuant to the 

Declaratory Judgment Act. 28 U.S.C. §§ 2201, et seq. Specifically, “[i]n a case of actual 

controversy within its jurisdiction, [ ] any court of the United States, upon the filing of an 

appropriate pleading, may declare the rights and other legal relations of any interested party 

seeking such declaration, whether or not further relief is or could be sought. Any such 

declaration shall have the force and effect of a final judgment or decree and shall be reviewable 

as such.” 28 U.S.C. § 2201. “Further necessary or proper relief based on a declaratory judgment 

or decree may be granted, after reasonable notice and hearing, against any adverse party whose 

rights have been determined by such judgment.” 28 U.S.C. § 2202. Only the Court has the 

Deleted: “The identification and protection of fundamental 

rights is an enduring part of the judicial duty to interpret the 

Constitution.” Obergefell v. Hodges, 576 U.S. ____, slip. 

op. at 10 (2015). That grant of equitable jurisdiction requires 

Article III courts to apply the underlying principles of the 

Constitution to new circumstances unforeseen by the 

framers, such as the irreversible destruction of the natural 

heritage of our whole nation. 

Deleted: An	actual	controversy	has	arisen	and	exists	

between	Plaintiffs	and	Defendants	because	Defendants	

have	placed	Plaintiffs	in	a	dangerous	situation,	continue	

to	infringe	upon	Plaintiffs’	constitutional rights,	and	have	

abrogated	their	duty	of	care	to	ensure	Plaintiffs’	

reasonable	safety,	among	other	violations	of	law.	

Plaintiffs	have	no	adequate	remedy	at	law	to	redress	the	

harms	herein,	which	are	of	a	continuing	nature	and	

which,	if	left	unresolved,	will	be	irreversible.

Deleted: , 28 U.S.C. § 2201 (creation of a remedy), and 28 

U.S.C. § 2202 (further relief)

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authority to declare a government system unconstitutional. No other branch of government can 

do that. Declaring the United States national energy system to be unconstitutional would resolve 

the controversy between the parties, thereby redressing a substantial cause of Youth Plaintiffs’ 

constitutional injuries and minimizing and eliminating a source of their significant risk of 

sustaining worsening injuries. 

15. Venue lies in this judicial district by virtue of 28 U.S.C. § 1391(e). The majority 

of Youth Plaintiffs (as hereinafter defined) reside in this judicial district, some Defendants have 

offices in this judicial district, and the events, omissions, and harms giving rise to the claims

herein arise in substantial part in this judicial district. Pursuant to Local Rule 3-2, divisional 

venue lies in the Eugene Division because the largest number of Youth Plaintiffs reside in this 

division of the judicial district, and events, omissions, and harms giving rise to the claims herein 

arise in substantial part in this division of the judicial district.

PLAINTIFFS

16. Plaintiff Kelsey Cascadia Rose Juliana is a citizen of the U.S. and a resident of 

Eugene, Oregon. Kelsey is 19 years old and was born and raised in Oregon, the state where she 

hopes to work, grow food, recreate, have a family, and raise children. During the fall of 2014, 

Kelsey walked 1,600 miles from Nebraska to Washington D.C. in the Great March for Climate 

Action to raise awareness about the climate crisis. Kelsey is harmed by Defendants’ actions and 

inactions regarding carbon pollution and the resulting climate destabilization and ocean 

acidification. Specifically, Defendants’ actions have caused damage to and continue to threaten 

the resources on which she relies for her survival and wellbeing. Kelsey depends on the 

freshwaters of Oregon for drinking, hygiene, and recreation. She drinks the freshwater that 

flows from the McKenzie River and drinks from springs in the Oregon Cascades on hiking, 

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canoeing, and backpacking trips. Kelsey also depends upon the marine and estuarine waters of 

Oregon as a food source and a place of recreation and vacationing. Kelsey spends time along the 

Oregon coast in places like Yachats and Florence and enjoys playing on the beach, tidepooling, 

and observing unique marine animals. An important part of Kelsey’s diet includes food that 

comes from the marine waters and freshwater rivers, including salmon, cod, tuna, clams, 

mussels, and crab. Kelsey also depends upon food grown in Oregon both by small farmers in the 

Willamette Valley and by her family in their garden. 

17. The current and projected drought and lack of snow caused by Defendants are 

already harming all of the places Kelsey enjoys visiting, as well as her drinking water, and her 

food sources—including wild salmon. During the summer of 2015, record-setting heat and low 

water levels killed salmon in Oregon’s rivers. In the coming decades, Kelsey will suffer even 

greater harm from the impacts of ocean acidification and rising sea levels on the marine life she 

eats for sustenance, and on the beaches, tidepools, and other places she visits along the Oregon 

coast. 

18. In addition to coastal recreation, Kelsey enjoys snowshoeing, cross-country 

skiing, and snow camping. Warmer winters and declining snowpack make it harder for her to 

enjoy these winter activities. Kelsey also enjoys rafting, swimming in rivers, snorkeling on 

rivers, canoeing on lakes, hiking, rock-climbing, and backpacking in the warmer seasons.

Increasing summer temperatures, and the resulting algal blooms in the lakes Kelsey visits harm 

her ability to enjoy these activities and prevent her from drinking the water. Intense wildfires, 

which also threaten Kelsey’s ability to enjoy summer activities. Kelsey has had to abandon 

camping trips because of nearby wildfires. 

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19. Defendants have caused psychological and emotional harm to Kelsey as a result 

of her fear of a changing climate, her knowledge of the impacts that will occur in her lifetime, 

and her knowledge that Defendants are continuing to cause harms that threaten her life and 

wellbeing. As a result of the acts and omissions of Defendants, Kelsey believes that she will not 

be able to continue to do all of the things described in this Complaint for her life, health, and 

enjoyment, nor will she one day be able to share those experiences with her children.

19-A. Kelsey’s individual injuries to her water and food sources, her personal security 

and safety, her mental wellbeing, her freedom to live, travel, recreate, safely raise children and 

pursue happiness in her home state of Oregon, are already occurring. Defendants’ national 

energy system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Kelsey’s individual injuries each 

year. Kelsey is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Kelsey is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to her water and food sources, her personal security and 

safety, her mental wellbeing, her freedom to live, travel, recreate, safely raise 

children, and pursue happiness in her home state of Oregon. The further loss of 

the ability to protect her life, while suffering these harms, is a separate concrete 

psychological, emotional, and mental health injury to Kelsey. Another separate 

injury is the deprivation of Kelsey’s ability to act in her own interest to preserve 

the window of opportunity to prevent irreversible and inevitable injury going 

forward and therefore protect her life, all the while suffering these ongoing harms

each year from Defendants’ national energy system, which Defendants know is 

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causing these injuries. The opportunity to prevent irreversible and inevitable 

injuries is still available now and is being progressively foreclosed by the ongoing 

national energy system. When the irreversibility of these harms becomes certain, 

redress will be forever foreclosed by this Court or the political majority through 

the ballot box. Thus, Kelsey’s injuries stem precisely from Defendants’ belief, 

and resultant policies and practices, that the national energy system is 

constitutionally compliant. 

b. Every attempt Kelsey makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Kelsey and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Kelsey can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Kelsey will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

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likelihood that Kelsey would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Kelsey’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve 

Kelsey’s opportunity to obtain relief to safeguard her life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

20. Plaintiff Xiuhtezcatl Tonatiuh M., by and through his guardian and mother 

Tamara Roske-Martinez, is a 15-year-old citizen of the U.S. who lives in Boulder, Colorado. For 

nine years, Xiuhtezcatl has advocated for reductions in CO2 emissions before local, state, federal, 

and international governmental bodies, including three speeches before the United Nations, and 

service on the Presidential Youth Council to advise the President of the United States. As the 

youth director for his organization Earth Guardians, Xiuhtezcatl uses music, dance, art, videos, 

speeches, testimony, and youth organizing to urge his governments to stop taking actions that 

promote fossil fuel exploitation and result in dangerous climate change. 

21. Of Aztec descent, Xiuhtezcatl engages in sacred indigenous spiritual and cultural 

practices to honor and protect the Earth. Xiuhtezcatl has suffered harm to his spiritual and 

cultural practices from Defendants’ actions. Climate change also harms Xiuhtezcatl’s personal 

safety, property, and recreational interests through the resulting increased frequency and 

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intensity of wildfires, drought, declining snowpack, pine-beetle infested forests, and extreme 

flooding near his home in Colorado. Xiuhtezcatl’s home, including the forests that he relies 

upon for his spiritual, physical, emotional, and mental wellbeing, will continue to die and burn as 

climate change worsens. Water will become increasingly scarce, adversely impacting every 

aspect of his life. 

22. Xiuhtezcatl is also harmed by the adverse impacts to his air and water quality, and 

his health that result from the exploitation of fossil fuels in Colorado. Under authorizations by 

the Department of Energy, natural gas extracted through fracking in Colorado will be transported

by pipeline to Oregon, liquefied at the Jordan Cove LNG Terminal in Coos Bay, and then 

shipped overseas for combustion. The LNG exports from Coos Bay, Oregon will harm 

Xiuhtezcatl because the export of natural gas enhances demand for natural gas extraction in 

Colorado and increases the atmospheric concentration of CO2.

22-A. Xiuhtezcatl’s individual injuries to his spiritual and cultural practices, his physical 

and mental health, his personal security and safety in his home and the forests and waters he 

relies upon for life sustenance and happiness are already occurring. Defendants’ national energy 

system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Xiuhtezcatl’s individual injuries 

each year. Xiuhtezcatl is additionally injured by each passing year of losing the 

ability to prevent the worsening of his injuries. Xiuhtezcatl is also injured by each 

passing year of losing the ability to prevent the irreversibility and inevitability of 

a lifetime of worsening hardship to his spiritual and cultural practices, his 

physical and mental health, his personal security and safety in his home and the 

forests and waters he relies upon for life sustenance and happiness. The further

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loss of the ability to protect his life, while suffering these harms, is a separate 

concrete psychological, emotional, and mental health injury to Xiuhtezcatl. 

Another separate injury is the deprivation of Xiuhtezcatl’s ability to act in his own 

interest to preserve the window of opportunity to prevent irreversible and 

inevitable injury going forward and therefore protect his life, all the while 

suffering these ongoing harms each year from Defendants’ national energy 

system, which they know is causing these injuries. The opportunity to prevent 

irreversible and inevitable injuries is still available now and is being progressively 

foreclosed by the ongoing national energy system. When the irreversibility of 

these harms becomes certain, redress will be forever foreclosed by this Court or 

the political majority through the ballot box. Thus, Xiuhtezcatl’s injuries stem 

precisely from Defendants’ belief, and resultant policies and practices, that the 

national energy system is constitutionally compliant. 

b. Every attempt Xiuhtezcatl makes to safeguard his life, liberties, property, and 

equal protection of the law fails because Defendants view the national energy 

system as constitutionally compliant. As long as Defendants operate under the 

belief that the national energy system is constitutionally compliant, Defendants 

will continue to power it with fossil fuels at levels that are dangerous for 

Xiuhtezcatl and which foreclose his ability to obtain relief that will protect 

himself. The composition of the United States national energy system is the most 

important factor in the world as to whether Xiuhtezcatl can prevent his 

irreversible injury. If the national energy system remains predominantly fossil

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fuel-based, Xiuhtezcatl will permanently lose his ability to obtain relief that will 

protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Xiuhtezcatl would obtain relief to safeguard his life, liberty, 

property, and equal protection of the law. If the Court declares the nation’s energy 

system unconstitutional in its present form, Defendants will correct the 

unconstitutional policies and practices of the national energy system. The 

worsening of Xiuhtezcatl’s injuries at the hands of his government will end, 

providing substantially meaningful partial redress of his injuries. The Court will 

thereby preserve Xiuhtezcatl’s opportunity to obtain relief to safeguard his life, 

liberty, property, and equal protection of the law from irreversible and inevitable

injury. Protecting the opportunity for freedom and happiness and safety and 

security, by eliminating a substantial federal government restraint on freedom and 

decreasing the substantial risk of irreversibility, is tremendously meaningful 

redress.

23. Plaintiff Alexander Loznak is a citizen of the U.S. and lives in the 

unincorporated area of Kellogg, Oregon. He is 18 years old and graduated from Roseburg High 

School in June 2015. Alex is experiencing harm caused by Defendants. For example, Alex is 

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gravely concerned about how his life and his family’s farm will continue to be affected by 

climate change. 

24. Alex lives on his family’s 570-acre farm, the Martha A. Maupin Century Farm

(“Maupin Century Farm”), located along the Umpqua River. His great, great, great, great 

grandmother, Martha Poindexter Maupin, founded the farm in 1868 (she was one of the first 

women in Oregon to own a ranch) after arriving in the area by way of the Oregon Trail. The 

Maupin Century Farm is Alex’s intellectual and spiritual base and a foundational piece of his life 

and heritage, and his identity and wellbeing depend on its preservation and protection. However, 

the drought conditions, unusually hot temperatures, and climate-induced migration of forest 

species are harming and will increasingly harm Alex’s use and enjoyment of the Maupin Century 

Farm. 

25. Alex’s ability to fish on local rivers is harmed by drought and hot temperatures. 

The Pacific Connector Natural Gas Pipeline, which would connect to the Jordan Cove LNG 

Terminal at Coos Bay, would be located only about 30 miles from the Maupin Century Farm, in 

a forest where Alex recreates. The Pacific Connector Natural Gas Pipeline would cross bodies of 

water at 400 different locations in Oregon, including two places on the South Umpqua River 

where Alex recreates. Alex has walked along the pipeline route and has seen the old growth 

trees that will be logged and the special rivers that will be impacted in order to deliver natural 

gas to what would be the largest, most-polluting facility and power plant in Oregon, solely built 

to liquefy natural gas for export and ultimate combustion.

26. The Maupin Century Farm is also an important source of revenue and food for 

Alex and his family. On the Farm, Alex and his family grow plum trees and hazelnut trees, raise 

chickens and grass-fed cows, and have a large garden growing many of the fruits and vegetables 

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that his family consumes. The record-setting heat waves and drought in Oregon adversely 

impact both Alex’s life and the Farm, especially their hazelnut orchard. The heat waves and 

drought harm Alex’s ability to work outside on the Farm during the summer months. 

27. The Maupin Century Farm is home to many different species of wildlife, 

including deer, bears, mountain lions, and birds, which Alex enjoys seeing. Alex and his family 

hunt deer, elk, and wild turkeys to provide food. Each of these species of wildlife is adversely 

impacted by climate change caused by Defendants. Other food sources for Alex, including crab 

and seafood, are negatively impacted by ocean acidification, warming, and sea level rise caused 

by Defendants. 

28. The health and bodily integrity of his family and their Farm, which they rely on 

for food and as a source of income—as well as for their personal wellbeing—increasingly are 

harmed by climate change caused by Defendants. The Maupin Century Farm has been passed 

from generation to generation in Alex’s family, and in many ways Alex’s future depends on that 

family farm. He would like to reside at, raise children on, and retire to the Maupin Century 

Farm, but he is concerned about how it will be further damaged by climate change caused by 

Defendants. Wildfires, more common and more destructive due to warmer summers and drought 

conditions, are increasingly common in Southern Oregon. The area where Alex lives is 

frequently smoky due to nearby wildfires during the warmer months. Additionally, Alex is 

allergic to pollen and suffers worse in unseasonably warm years. He also suffers from asthma, 

which is worse in the increasingly smoky summer months. Alex’s allergies and asthma will 

worsen as climate change caused by Defendants worsens. 

29. For recreation, Alex enjoys activities in the snow in Oregon and also hiking in 

Northern Washington and Glacier National Park, where he has seen the glaciers receding due to 

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climate change caused by Defendants. Alex plans to return to Montana, and he also plans to 

travel to Alaska, and his recreational and aesthetic interests are harmed as the glaciers continue 

to disappear before he can visit them. 

30. Alex has taken individual action to try to protect the climate system by driving an 

efficient hybrid car, by starting a Climate Change Club at Roseburg High School with the goal of 

installing solar panels on the school’s roof, by starting the League of Umpqua Climate Youth 

(“LUCY”), and by lobbying his state legislators to pass comprehensive climate legislation. 

30-A. Alex’s individual injuries to his health, his food sources, his home, his personal 

security and safety, his ability to work outside for part of the year, his family farm heritage, his 

freedom to live, travel, and recreate where he wants in the United States, are already occurring. 

Defendants’ national energy system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Alex’s individual injuries each year. 

Alex is additionally injured by each passing year of losing the ability to prevent 

the worsening of his injuries. Alex is also injured by each passing year of losing 

the ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his health, food sources, personal security and safety, ability to work, 

and protect his family farm. The further loss of the ability to protect his life, while 

suffering these harms, is a separate concrete psychological, emotional, and mental 

health injury to Alex. Another separate injury is the deprivation of Alex’s ability 

to act in his own interest to preserve the window of opportunity to prevent 

irreversible and inevitable injury going forward and therefore protect his life, all 

the while suffering these ongoing harms each year from Defendants’ national 

energy system, which they know is causing these injuries. The opportunity to 

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prevent irreversible and inevitable injuries is still available now and is being 

progressively foreclosed by the ongoing national energy system. When the 

irreversibility of these harms becomes certain, redress will be forever foreclosed 

by this Court or the political majority through the ballot box. Thus, Alex’s injuries 

stem precisely from Defendants’ belief, and resultant policies and practices, that 

the national energy system is constitutionally compliant. 

b. Every attempt Alex makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Alex and which foreclose 

his ability to obtain relief that will protect himself. The composition of the United 

States national energy system is the most important factor in the world as to 

whether Alex can prevent his irreversible injury. If the national energy system 

remains predominantly fossil fuel-based, Alex will permanently lose his ability to 

obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Alex would obtain relief to safeguard his life, liberty, property, and 

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equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Alex’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve Alex’s 

opportunity to obtain relief to safeguard his life, liberty, property, and equal 

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

31. Plaintiff Jacob Lebel is an 18-year-old citizen of the U.S. residing in Roseburg, 

Oregon. In 2000, Jacob and his family immigrated to Oregon from Quebec, Canada, attracted by 

the state’s pristine landscape and temperate weather. Since then, Jacob’s family has established 

Rose Hill Farms, a diverse, organically managed farm, as well as a thriving local medical 

practice at White Oak Medical Clinic. Jacob grew up working on Rose Hill Farms, where he 

currently spends most of his time. Jacob intends to continue his use and enjoyment of Rose Hill 

Farms for these purposes and for his vocational career in the future. Jacob derives educational, 

inspirational, spiritual, and other benefits from his work at the Farm. Jacob is harmed and will 

continue to be harmed by Defendants’ actions described herein and the climate change impacts 

to the Farm, including the deterioration of the Farm environment, rising temperatures, and a 

dwindling water supply. 

32. In the summer, Rose Hill Farms depends on home-dug ponds to irrigate a large 

garden and three greenhouses, as well as several orchards of more than four hundred fruit and 

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nut trees. The recent long, dry summers, droughts, and heat waves reduced, and are currently 

reducing, the supply of water in the ponds, just as the water needs of the crops and trees have 

increased. As climate impacts continue to grow in severity, so will this water shortage. 

Furthermore, experts predict that large destructive wildfires, aggravated by record-low 

snowpacks and consistently drier and hotter conditions, will become increasingly common in 

Oregon. A wildfire would destroy the fourteen years of work that have gone into making the 

Rose Hill Farms. In addition to the farm structures, orchards, greenhouses, and pastures at risk 

from a fire, approximately 70 percent of the 350 acres of land owned by Jacob’s family is mixed 

conifer forest which they manage sustainably and which represents an enormous investment. 

Already, Jacob and his family are required to invest resources to install an irrigation system in 

order to contend with the increasing drought conditions as a result of climate destabilization 

caused by Defendants. 

33. Throughout Jacob’s life, wilderness and healthy natural environments have been 

essential parts of his spiritual and emotional wellbeing. Jacob frequently and regularly recreates 

in the natural areas of Oregon, through hiking, exploring, snowboarding, and rafting. Native 

ecosystems and animal species have always been the main source of inspiration for Jacob’s 

writing, music, and poetry. Jacob also spends significant time fishing, gathering mussels, and 

crabbing as a source of both enjoyment and food for himself and his family. Jacob intends to 

continue all of these activities in the future. In 2014-2015, Jacob experienced drastic snow 

retreat on Crater Lake National Park and Mount Hood, as well as the nearby South Umpqua 

River drying up in some spots, adversely affecting his use and enjoyment of these areas. Low 

river flows and warm water temperatures all have contributed and contribute to losses of fish in 

the salmon runs in the rivers near Roseburg, on which Jacob relies for recreation and food. 

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Rising sea levels caused by Defendants threaten the natural areas of the Oregon coast used and 

enjoyed by Jacob. Ocean acidification caused by Defendants has already begun to adversely 

impact shellfish along the coast, and is projected to take its toll on crabs, mussels, and all shelled 

seafood. Jacob is adversely affected by these changes caused by Defendants’ actions as 

described herein.

34. The Pacific Connector Natural Gas Pipeline, which would connect to the Jordan 

Cove LNG Terminal at Coos Bay, would run directly behind the Rose Hill Farms. The Pacific 

Connector Natural Gas Pipeline would adversely affect Jacob’s aesthetic, inspirational, and 

spiritual enjoyment of the property. This pipeline also carries risks of dangerous leaks or 

explosions, which could trigger a wildfire in the hot summer months. The associated hundredfoot clear-cut area would affect the landscape integrity and biodiversity of Jacob’s immediate 

surroundings, all of which adversely impact Jacob. 

34-A. Jacob’s individual injuries to his farm and livelihood, his food and water sources, 

his physical, spiritual and mental health, his personal security and safety in his home and the 

snow and waters he relies upon for life sustenance and happiness are already occurring. 

Defendants’ national energy system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Jacob’s individual injuries each year. 

Jacob is additionally injured by each passing year of losing the ability to prevent 

the worsening of his injuries. Jacob is also injured by each passing year of losing 

the ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his farm and livelihood, his food and water sources, his physical, 

spiritual and mental health, his personal security and safety in his home and the 

snow and waters he relies upon for life sustenance and happiness. The further loss 

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of the ability to protect his life, while suffering these harms, is a separate concrete 

psychological, emotional, and mental health injury to Jacob. Another separate 

injury is the deprivation of Jacob’s ability to act in his own interest to preserve the 

window of opportunity to prevent irreversible and inevitable injury going forward 

and therefore protect his life, all the while suffering these ongoing harms each 

year from Defendants’ national energy system, which they know is causing these 

injuries. The opportunity to prevent irreversible and inevitable injuries is still 

available now and is being progressively foreclosed by the ongoing national 

energy system. When the irreversibility of these harms becomes certain, redress 

will be forever foreclosed by this Court or the political majority through the ballot 

box. Thus, Jacob’s injuries stem precisely from Defendants’ belief, and resultant 

policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Jacob makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Jacob and which 

foreclose his ability to obtain relief that will protect himself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Jacob can prevent his irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Jacob will permanently lose his 

ability to obtain relief that will protect himself and his rights. 

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c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Jacob would obtain relief to safeguard his life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Jacob’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve Jacob’s 

opportunity to obtain relief to safeguard his life, liberty, property, and equal

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

35. Plaintiff Zealand B., by and through his guardian and mother Kimberly PashBell, is an 11-year-old citizen of the U.S. and a resident of Eugene, Oregon. Zealand has worked 

to increase community awareness about climate change caused by Defendants and has advocated 

before local and state governmental bodies for science-based government action on climate 

change. Zealand and his family minimize their impact on the environment and reduce their 

carbon footprint by biking, gardening, participating in community-supported agriculture, buying 

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locally-made products, and picking up litter in the places where they recreate. Zealand has 

experienced and will continue to experience harm from climate change caused by Defendants if 

immediate action is not taken to secure a stable climate system.

36. Zealand loves living in Oregon and hopes to stay in Oregon in the future. He 

enjoys skiing, biking, rock climbing, rafting, and camping in Oregon. Oregon’s rivers are 

especially important to Zealand. While rafting along the rivers in Oregon, Zealand enjoys the 

solitude of the wilderness and the experience of seeing plants and animals in their natural habitat. 

Rafting trips with his family have been canceled or shortened due to the increased temperatures, 

drought, and reduced water levels. Zealand and his family twice experienced large forest fires 

while rafting on Oregon rivers. 

37. The record-setting heat during the summer of 2015 adversely impacts Zealand 

and his enjoyment of outdoor activities by making bike-riding, playing soccer, and playing 

basketball difficult. Zealand suffers from allergies, which have increased in severity over the 

past few years, and caused him to decrease the amount of time that he spends outside in the 

spring and early summer. Heat waves and an increase in pollen counts will worsen with further 

climate change caused by Defendants and harm Zealand’s recreational and health interests.

38. Warmer winters and decreased snowpack levels in Oregon have harmed, and will 

continue to harm, Zealand and his family. Zealand’s mother usually works during the winter at 

the Willamette Pass ski resort, but that seasonal job was not available during the winter of 2014-

2015 due to the lack of snow, resulting in lost income. The lack of snow also meant Zealand was 

unable to ski. Decreased snowpack levels in the future will also harm the availability of drinking 

water for Zealand, his family, and his community, as Eugene’s only water source, the McKenzie 

River, is fed by melting snowpack.

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39. Zealand and his family spend substantial time at the Oregon Coast. He enjoys 

playing in the dunes, camping, surfing, boogie boarding, and taking pictures of the ocean and 

surrounding areas. The impacts from warmer water temperatures, rising sea levels, and ocean 

acidification caused by Defendants will negatively impact Zealand’s future ability to enjoy the 

same areas on the coast that he now loves and to eat the same seafood, which is an important part 

of his diet.

39-A. Zealand’s individual injuries to his physical and mental health, his personal 

security and safety in his home and the snow, forests, and waters he relies upon for life 

sustenance and happiness are already occurring. Defendants’ national energy system is a 

substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Zealand’s individual injuries each 

year. Zealand is additionally injured by each passing year of losing the ability to 

prevent the worsening of his injuries. Zealand is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to his physical and mental health, his personal security and 

safety in his home and the snow, forests, and waters he relies upon for life 

sustenance and happiness. The further loss of the ability to protect his life, while 

suffering these harms, is a separate concrete psychological, emotional, and mental 

health injury to Zealand. Another separate injury is the deprivation of Zealand’s 

ability to act in his own interest to preserve the window of opportunity to prevent 

irreversible and inevitable injury going forward and therefore protect his life, all 

the while suffering these ongoing harms each year from Defendants’ national 

energy system, which they know is causing these injuries. The opportunity to 

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prevent irreversible and inevitable injuries is still available now and is being 

progressively foreclosed by the ongoing national energy system. When the 

irreversibility of these harms becomes certain, redress will be forever foreclosed 

by this Court or the political majority through the ballot box. Thus, Zealand’s 

injuries stem precisely from Defendants’ belief, and resultant policies and 

practices, that the national energy system is constitutionally compliant. 

b. Every attempt Zealand makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Zealand and which 

foreclose his ability to obtain relief that will protect himself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Zealand can prevent his irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Zealand will permanently lose 

his ability to obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Zealand would obtain relief to safeguard his life, liberty, property, 

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and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional

policies and practices of the national energy system. The worsening of Zealand’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve 

Zealand’s opportunity to obtain relief to safeguard his life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

40. Plaintiff Avery M., by and through her guardian and mother Holly McRae, is a 

10-year-old citizen of the U.S. and a resident of Eugene, Oregon. Avery has worked to increase 

awareness in her community about impacts of climate change caused by Defendants and 

advocated for CO2 reductions before her representatives at both the municipal and state levels. 

Avery and her family limit their carbon footprint as much as possible by recycling, biking, eating 

less meat and growing some of their own food, repairing, reusing, and buying second-hand 

goods, decreasing energy use at home, and minimizing their vehicle and air travel. 

41. The impacts from climate change caused by Defendants are harming and will 

continue to harm Avery and her enjoyment of and interaction with nature and wildlife. Avery’s 

favorite activity is swimming in natural bodies of water. Avery and her family enjoy boating, 

hiking, backpacking, camping, and watching salmon spawn throughout Oregon. In 2015, Avery 

was not been able to participate in these recreational activities as frequently as past years due to 

warmer temperatures, drought, low water levels, forest fires, and algal blooms. The 2015

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summer heat has caused Avery to avoid outdoor activities to prevent becoming overheated. 

Avery also suffers from allergies, which will worsen with increased pollen count and a changing 

climate caused by Defendants. Avery enjoys taking vacations to Yellowstone with her family 

and has seen burned, beetle-killed forests on these trips. The increase of hungry bears in the area 

due to the decline in white bark pine trees forced her family to postpone Avery’s first big 

backpacking trip in the area. 

42. Climate change caused by Defendants has reduced snowpack levels in Oregon, 

negatively impacting Avery’s enjoyment of winter activities and the future availability of 

drinking water for her and her family. Every winter, Avery takes a trip with her family to Clear 

Lake, where she enjoys snowshoeing and sledding. These winter activities were not possible 

from 2013-2015 due to lack of snow. 

43. Avery enjoys eating seafood and going to the Oregon coast, where she wades in 

the water and explores tide pools. At the coast, Avery has noticed coastal erosion and her 

recreational experience is harmed by seeing dead wildlife from the coastal changes. Warmer 

water temperatures, sea level rise, and ocean acidification caused by Defendants will worsen and 

negatively impact Avery’s enjoyment of the Oregon coast and the food she eats.

43-A. Avery’s individual injuries to the waters of Oregon, her food sources, her physical 

and mental health, and the places in nature she relies upon for life, sustenance, and happiness, are 

already occurring. Defendants’ national energy system is a substantial cause of those actual 

injuries. 

a. Defendants’ national energy system worsens Avery’s individual injuries each 

year. Avery is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Avery is also injured by each passing year 

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of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to her water and food sources, her physical and mental health, 

and the places in nature she relies upon for life, sustenance, and happiness. The 

further loss of the ability to protect her life, while suffering these harms, is a 

separate concrete psychological, emotional, and mental health injury to Avery. 

Another separate injury is the deprivation of Avery’s ability to act in her own 

interest to preserve the window of opportunity to prevent irreversible and 

inevitable injury going forward and therefore protect her life, all the while 

suffering these ongoing harms each year from Defendants’ national energy 

system, which they know is causing these injuries. The opportunity to prevent 

irreversible and inevitable injuries is still available now and is being progressively 

foreclosed by the ongoing national energy system. When the irreversibility of 

these harms becomes certain, redress will be forever foreclosed by this Court or 

the political majority through the ballot box. Thus, Avery’s injuries stem precisely 

from Defendants’ belief, and resultant policies and practices, that the national 

energy system is constitutionally compliant. 

b. Every attempt Avery makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Avery and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

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as to whether Avery can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Avery will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Avery would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Avery’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve 

Avery’s opportunity to obtain relief to safeguard her life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

44. Plaintiff Sahara V., by and through her guardian and mother Toña Aguilar, is an 

11-year-old citizen of the U.S. and a resident of Eugene, Oregon. Sahara is experiencing harm as 

a result of Defendants’ aggregate actions and omissions in causing climate change. Sahara has 

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been involved in both local and state initiatives to raise awareness about climate change and 

advocate for science-based CO2 emission reductions. In order to reduce her impact on the 

environment, Sahara and her family bike, garden, recycle, and practice vegetarianism. Sahara 

spends time with her family recreating in Oregon’s rivers, lakes, beaches, sand dunes, and 

forests. She enjoys swimming, biking, camping, and mushroom hunting. Sahara frequently 

visits her grandparents’ home on the Mohawk River and has witnessed the water levels decrease 

dramatically. 

45. Climate impacts caused by Defendants, such as increased temperatures and 

drought conditions, infringe upon Sahara’s enjoyment and use of freshwater resources and will 

continue to do so in the future if immediate action is not taken to reduce CO2 emissions. Sahara 

and her family take frequent trips to the Oregon coast to visit her grandparents, who own 

property in Yachats. On the Oregon coast, Sahara enjoys climbing rocks and sand dunes, 

swimming, and tidepooling to see marine life. Sahara’s enjoyment of these activities is being

increasingly harmed in the future by sea level rise, greater erosion, enhanced ocean acidification, 

and increased water temperatures.

46. Sahara has asthma, and the increased frequency of forest fires in Oregon, due to 

hotter and drier conditions, has triggered severe asthma attacks for Sahara. The smoke inhibits 

her ability to breath, causes her throat to close up, and necessitates the use of her inhaler. As a 

result of Defendants’ actions in causing climate change, Sahara has become more susceptible to 

grass allergies, further aggravating her asthma. These health effects will worsen as climate 

change becomes more severe. Warmer winters and the lack of snow in Oregon have prevented 

Sahara’s enjoyment of winter activities and will negatively impact her water supply in the future. 

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Sahara wants to stay in Oregon, yet she fears her children and grandchildren will be unable to 

experience and enjoy Oregon’s natural resources and wildlife.

46-A. Sahara’s individual injuries to her physical and mental health, water and food 

sources, her personal security and safety, her ability to seek sustenance and happiness in the 

natural places she enjoys, are already occurring. Defendants’ national energy system is a 

substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Sahara’s individual injuries each 

year. Sahara is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Sahara is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to physical and mental health, water and food sources, her 

personal security and safety, her ability to seek sustenance and happiness in the 

natural places she enjoys. The further loss of the ability to protect her life, while 

suffering these harms, is a separate concrete psychological, emotional, and mental 

health injury to Sahara. Another separate injury is the deprivation of Sahara’s

ability to act in her own interest to preserve the window of opportunity to prevent 

irreversible and inevitable injury going forward and therefore protect her life, all 

the while suffering these ongoing harms each year from Defendants’ national 

energy system, which they know is causing these injuries. The opportunity to 

prevent irreversible and inevitable injuries is still available now and is being 

progressively foreclosed by the ongoing national energy system. When the 

irreversibility of these harms becomes certain, redress will be forever foreclosed 

by this Court or the political majority through the ballot box. Thus, Sahara’s 

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injuries stem precisely from Defendants’ belief, and resultant policies and 

practices, that the national energy system is constitutionally compliant. 

b. Every attempt Sahara makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Sahara and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Sahara can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Sahara will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Sahara would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Sahara’s 

injuries at the hands of her government will end, providing substantially 

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meaningful partial redress of her injuries. The Court will thereby preserve 

Sahara’s opportunity to obtain relief to safeguard her life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

47. Plaintiff Kiran Isaac Oommen is an 18-year-old citizen of the U.S. and a 

resident of Eugene, Oregon. Kiran enjoys camping, hiking, kayaking, biking, and swimming in 

Oregon. In recent years, decreased water levels and rising temperatures have limited Kiran’s

enjoyment of both these activities and the special places in Oregon Kiran visits. Local Oregon 

produce and seafood are staples in Kiran’s diet. Ocean acidification and the warmer water 

temperatures and lower water levels in rivers and streams have negatively impacted Kiran’s

ability to enjoy eating shellfish and salmon. Kiran enjoys cross-country skiing in the winter, but 

was not able to ski in 2015 due to the lack of snow in Oregon. Kiran enjoys visiting the Oregon 

coast to walk along the beach, swim, and go tidepooling. Impacts of climate change, such as sea 

level rise, will negatively impact Kiran’s future ability to enjoy the Oregon coast.

48. Due to drastic seasonal variations, Kiran has endured increasingly severe grass 

and tree pollen allergies, making it difficult for them to enjoy outdoor activities. Kiran used to 

be able to regularly visit their friend’s family farm in southern Oregon but the increased 

prevalence of forest fires due to dry conditions and high temperatures has impacted Kiran’s 

ability to visit this farm, as the intensity of the smoke and ash have shortened their trips and 

inhibited their ability to breathe.

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49. Kiran has family they visit in Olympia, Washington and near Miami, Florida, 

both areas scientists predict will be gravely impacted by sea level rise. When Kiran visited 

Florida in the past, they enjoyed seeing wildlife and experiencing the beauty of the Florida Keys, 

which is a place Kiran plans to visit again. Kiran would like to continue visiting their family in 

these coastal areas in the future, but the increasing severity of climate impacts, unless promptly 

abated, will prevent them from doing so – as large portions of these areas will be inundated by 

the rising seas. 

49-A. Kiran’s individual injuries to their water and food sources, their personal security 

and safety, their mental wellbeing, and their freedom to live, travel, and recreate safely, are 

already occurring. Defendants’ national energy system is a substantial cause of those actual 

injuries. 

a. Defendants’ national energy system worsens Kiran’s individual injuries each year. 

Kiran is additionally injured by each passing year of losing the ability to prevent 

the worsening of their injuries. Kiran is also injured by each passing year of 

losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to their water and food sources, their personal security and 

safety, their mental wellbeing, and their freedom to live, travel, and recreate 

safely. The further loss of the ability to protect their life, while suffering these 

harms, is a separate concrete psychological, emotional, and mental health injury 

to Kiran. Another separate injury is the deprivation of Kiran’s ability to act in 

their own interest to preserve the window of opportunity to prevent irreversible

and inevitable injury going forward and therefore protect their life, all the while 

suffering these ongoing harms each year from Defendants’ national energy 

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system, which they know is causing these injuries. The opportunity to prevent 

irreversible and inevitable injuries is still available now and is being progressively 

foreclosed by the ongoing national energy system. When the irreversibility of 

these harms becomes certain, redress will be forever foreclosed by this Court or 

the political majority through the ballot box. Thus, Kiran’s injuries stem precisely 

from Defendants’ belief, and resultant policies and practices, that the national 

energy system is constitutionally compliant. 

b. Every attempt Kiran makes to safeguard their life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Kiran and which 

foreclose their ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Kiran can prevent their irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Kiran will permanently lose their

ability to obtain relief that will protect themself and their rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

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likelihood that Kiran would obtain relief to safeguard their life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Kiran’s 

injuries at the hands of their government will end, providing substantially 

meaningful partial redress of their injuries. The Court will thereby preserve 

Kiran’s opportunity to obtain relief to safeguard their life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

50. Plaintiff Tia Marie Hatton is a citizen of the U.S. and a resident of Bend, 

Oregon. She is 18 years old and will enter the University of Oregon in September 2015. For the 

past two years Tia has experienced pronounced climate change impacts in Bend and surrounding 

areas. Tia is an avid Nordic skier, and has skied competitively since middle school. During 

2013-2015, her ability to ski was limited by the record low snowfall in the Bend area. Tia 

regularly skis at Virginia Meissner Sno-Park and Willamette Pass Resort. These areas were 

closed this past winter because of record low snowfall. In 2015, ski teams from across Oregon, 

including Tia’s team, had to move their state competition to higher elevations at Mt. Bachelor 

where trails were limited and not well groomed. In the future, unless the severe impacts to our 

nation’s climate system are immediately abated, she will not be able to ski at all, even at higher 

elevations. 

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51. For the 2015 summer, Oregon’s Governor issued a drought declaration for 

Deschutes County, where Tia lives. Tia spends most of her time recreating outdoors, not only 

skiing, but cross-country running, rock climbing, hiking, camping, and kayaking. Warmer 

summer temperatures and forest fires in Deschutes National Forest south of Bend are preventing 

Tia from participating in these activities as often as she would like and once could. For the past 

several years there have been fires every summer in the forests surrounding Bend, and residents 

have had to evacuate. Tia is psychologically impacted by these events, as it is hard for her to 

watch the destruction of the wilderness she loves and its ecosystems. Tia and her family 

vacation around Oregon and have experienced coastal erosion in Seaside, Florence, and 

Newport. Tia has also experiences the climate impacts similar to those in the Bend area when 

she visits the Steens Mountain for running camp. 

52. Tia works hard to protect the environment and create awareness about the impacts 

of climate change caused by Defendants. In high school she was a member of her school’s 

Green Club, and spent time planning Earth Day activities to raise awareness and educate the 

student body. Tia tries to limit her transportation via cars and is participating in the Bend Energy 

Challenge, a nationwide energy-saving competition, to help her family save energy and make 

their home healthier. 

52-A. Tia’s individual injuries to her physical and mental wellbeing, her personal 

security and safety, and the snow that she depends on for her health and her pursuit of happiness 

are already occurring. Defendants’ national energy system is a substantial cause of those actual 

injuries. 

a. Defendants’ national energy system worsens Tia’s individual injuries each year. 

Tia is additionally injured by each passing year of losing the ability to prevent the 

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worsening of her injuries. Tia is also injured by each passing year of losing the 

ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to her physical and mental wellbeing, her personal security and safety, 

and the snow that she depends on for her health and her pursuit of happiness. The 

further loss of the ability to protect her life, while suffering these harms, is a 

separate concrete psychological, emotional, and mental health injury to Tia. 

Another separate injury is the deprivation of Tia’s ability to act in her own interest 

to preserve the window of opportunity to prevent irreversible and inevitable injury 

going forward and therefore protect her life, all the while suffering these ongoing 

harms each year from Defendants’ national energy system, which they know is 

causing these injuries. The opportunity to prevent irreversible and inevitable 

injuries is still available now and is being progressively foreclosed by the ongoing 

national energy system. When the irreversibility of these harms becomes certain, 

redress will be forever foreclosed by this Court or the political majority through 

the ballot box. Thus, Tia’s injuries stem precisely from Defendants’ belief, and 

resultant policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Tia makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Tia and which foreclose 

her ability to obtain relief that will protect herself. The composition of the United 

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States national energy system is the most important factor in the world as to 

whether Tia can prevent her irreversible injury. If the national energy system 

remains predominantly fossil fuel-based, Tia will permanently lose her ability to 

obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Tia would obtain relief to safeguard her life, liberty, property, and 

equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Tia’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve Tia’s 

opportunity to obtain relief to safeguard her life, liberty, property, and equal 

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

53. Plaintiff Isaac V., by and through his guardian and mother, Pamela Vergun, is a 

thirteen-year-old U.S. citizen and a resident of Beaverton, Oregon. Isaac is involved in climate 

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activism and he founded Plant for the Planet Academy in Oregon, along with his mom and sister. 

Isaac started a petition asking the city of Beaverton to adopt a resolution to lower the city’s 

carbon emissions. At home, his family installed solar panels on their roof and they drive an 

electric vehicle. 

54. Isaac and his family are experiencing the adverse impacts of climate change

caused by Defendants. 2015 has been the hottest summer Isaac remembers, with temperatures at

100 degrees Fahrenheit in his hometown. The groundwater level in his backyard has dropped 

significantly, causing trees to die. Isaac enjoys recreating along the Spring Water Trail near 

Portland, Oregon and is harmed by the drought conditions, which have eliminated a substantial 

portion of the flow in Johnson Creek. In parts of southern and eastern Oregon, wildfires are 

tearing through forests where Isaac enjoys recreating, threatening the ecosystems he relies upon 

for his personal enjoyment. 

55. In winter, Isaac recreates in the Oregon snow and thereby derives emotional, 

spiritual, and physical benefits. He intends to continue his use and enjoyment of the snow. The 

record-low snowfall across the state, caused by Defendants’ actions and the climate change 

resulting from those actions, harms Isaac by reducing his opportunity to recreate in the snow. 

56. Since he was very young, Isaac has had asthma. Isaac’s asthma is worsening and 

will continue to worsen as air quality becomes more polluted from increased pollen counts and 

smoke from wildfires. Isaac enjoys athletic activities including hiking, soccer, and basketball. 

He intends to continue these activities in the future. Increasing temperatures caused by 

Defendants’ actions will worsen his asthma, affect his athletic performance, and make him less 

likely to play sports. 

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56-A. Isaac’s individual injuries to his lungs and his overall physical and mental health, 

as well as his personal security and safety, are already occurring. Defendants’ national energy 

system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Isaac’s individual injuries each year. 

Isaac is additionally injured by each passing year of losing the ability to prevent 

the worsening of his injuries. Isaac is also injured by each passing year of losing 

the ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his overall physical and mental health, as well as his personal security 

and safety. The further loss of the ability to protect his life, while suffering these 

harms, is a separate concrete psychological, emotional, and mental health injury 

to Isaac. Another separate injury is the deprivation of Isaac’s ability to act in his

own interest to preserve the window of opportunity to prevent irreversible and 

inevitable injury going forward and therefore protect his life, all the while 

suffering these ongoing harms each year from Defendants’ national energy 

system, which they know is causing these injuries. The opportunity to prevent 

irreversible and inevitable injuries is still available now and is being progressively 

foreclosed by the ongoing national energy system. When the irreversibility of 

these harms becomes certain, redress will be forever foreclosed by this Court or 

the political majority through the ballot box. Thus, Isaac’s injuries stem precisely 

from Defendants’ belief, and resultant policies and practices, that the national 

energy system is constitutionally compliant. 

b. Every attempt Isaac makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

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constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Isaac and which 

foreclose his ability to obtain relief that will protect himself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Isaac can prevent his irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Isaac will permanently lose his 

ability to obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Isaac would obtain relief to safeguard his life, liberty, and equal 

protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Isaac’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve Isaac’s 

opportunity to obtain relief to safeguard his life, liberty, and equal protection of 

the law from irreversible and inevitable injury. Protecting the opportunity for 

freedom and happiness and safety and security, by eliminating a substantial 

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federal government restraint on freedom and decreasing the substantial risk of 

irreversibility, is tremendously meaningful redress.

57. Plaintiff Miko V., by and through her guardian and mother, Pamela Vergun, is a 

14-year-old citizen of the United States and a resident of Beaverton, Oregon. Miko is a climate 

activist. Along with her Mother and brother, Miko started the first Plant for the Planet Academy 

in Oregon to help plant 150 trees per person in the United States to combat deforestation. She is 

spreading awareness to other young people and working to educate adults about the climate 

crisis. At home, her family has solar panels on their roof and they use an electric hybrid vehicle 

to reduce their emissions when they drive. Miko is committed to living a low-carbon lifestyle.

58. Miko was born in the Marshall Islands, and her low-lying home island is 

threatened by sea level rise. She fears she will never be able to travel back to the Marshall 

Islands as she intends to because the islands will likely be underwater in the future. In the last 

couple of years, Miko has experienced record-breaking heat waves in Beaverton and Portland, 

Oregon. Miko recently visited Timothy Lake, 75 miles southeast of Beaverton, to swim and fish, 

but the water levels were lower than usual, negatively impacting her use and enjoyment of the 

area. 

59. Seafood is an important part of Miko’s diet. Ocean acidification and warming

ocean, coastal, and river waters are negatively affecting the health of fish and sea life on which 

Miko depends. 

59-A. Miko’s individual injuries to her familial heritage and land, her food sources, her 

personal security and safety, her mental wellbeing, and her freedom to travel to and spend time 

in the Marshall Islands, are already occurring. Defendants’ national energy system is a 

substantial cause of those actual injuries. 

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a. Defendants’ national energy system worsens Miko’s individual injuries each year. 

Miko is additionally injured by each passing year of losing the ability to prevent 

the worsening of her injuries. Miko is also injured by each passing year of losing 

the ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to her familial heritage and land, her food sources, her personal security 

and safety, her mental wellbeing, and her freedom to travel to and spend time in 

the Marshall Islands. The further loss of the ability to protect her life, while 

suffering these harms, is a separate concrete psychological, emotional, and mental 

health injury to Miko. Another separate injury is the deprivation of Miko’s ability 

to act in her own interest to preserve the window of opportunity to prevent 

irreversible and inevitable injury going forward and therefore protect her life, all 

the while suffering these ongoing harms each year from Defendants’ national 

energy system, which they know is causing these injuries. The opportunity to 

prevent irreversible and inevitable injuries is still available now and is being 

progressively foreclosed by the ongoing national energy system. When the 

irreversibility of these harms becomes certain, redress will be forever foreclosed 

by this Court or the political majority through the ballot box. Thus, Miko’s 

injuries stem precisely from Defendants’ belief, and resultant policies and 

practices, that the national energy system is constitutionally compliant. 

b. Every attempt Miko makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

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power it with fossil fuels at levels that are dangerous for Miko and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Miko can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Miko will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Miko would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Miko’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve Miko’s 

opportunity to obtain relief to safeguard her life, liberty, property, and equal 

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

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60. Plaintiff Hazel V., by and through her guardian and mother Margo Van 

Ummersen, is an 11-year-old citizen of the U.S. and a resident of Eugene, Oregon. Hazel has 

advocated in her community to raise awareness about climate change caused by Defendants and 

before her city leaders to ask for science-based reductions of CO2 emissions. Hazel and her 

family reduce their carbon footprint by gardening, recycling, buying local products, biking, and 

walking. 

61. Hazel enjoys swimming, canoeing, kayaking, camping, and hiking in Oregon. In 

recent years, she has been unable to fully enjoy these activities and special places she visits due 

to the increased temperatures, low water levels, and abnormal seasonal variations caused by the 

acts and omissions of Defendants. Hazel frequently visits the Oregon coast, where she enjoys 

bodysurfing, playing on the beach, tidepooling, harvesting seaweed, and hunting mushrooms. 

Increased surface and ocean temperatures, sea level rise, and ocean acidification caused by the 

acts of Defendants threaten Hazel’s future ability to enjoy these activities, which are important 

aspects of her childhood. Salmon and seafood are important parts of Hazel’s diet that will 

continue to be threatened due to increased water temperatures, drought, and ocean acidification

caused by the acts of Defendants. 

62. During the winter, Hazel enjoys skiing and sledding. However, due to declining 

snowpack and warmer winters, she has been unable to ski or sled. Decreased snowfall in the 

Cascades will have long-term adverse impacts on the water level in the McKenzie River, which 

provides drinking water to Hazel’s hometown of Eugene. In June 2015, extreme heat caused by 

the acts of Defendants adversely impacted Hazel’s health on a trip she took to Washington, D.C. 

During that trip, she suffered from two episodes of heat exhaustion.

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62-A. Hazel’s individual injuries to her personal security and safety, her mental 

wellbeing and physical health, and her freedom to live, recreate, and pursue happiness, are 

already occurring. Defendants’ national energy system is a substantial cause of those actual 

injuries. 

a. Defendants’ national energy system worsens Hazel’s individual injuries each 

year. Hazel is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Hazel is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to her personal security and safety, her mental wellbeing and 

physical health, and her freedom to live, recreate, and pursue happiness. The 

further loss of the ability to protect her life, while suffering these harms, is a 

separate concrete psychological, emotional, and mental health injury to Hazel. 

Another separate injury is the deprivation of Hazel’s ability to act in her own 

interest to preserve the window of opportunity to prevent irreversible and 

inevitable injury going forward and therefore protect her life, all the while 

suffering these ongoing harms each year from Defendants’ national energy 

system, which they know is causing these injuries. The opportunity to prevent 

irreversible and inevitable injuries is still available now and is being progressively 

foreclosed by the ongoing national energy system. When the irreversibility of 

these harms becomes certain, redress will be forever foreclosed by this Court or 

the political majority through the ballot box. Thus, Hazel’s injuries stem precisely 

from Defendants’ belief, and resultant policies and practices, that the national 

energy system is constitutionally compliant. 

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b. Every attempt Hazel makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Hazel and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Hazel can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Hazel will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Hazel would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Hazel’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve Hazel’s 

opportunity to obtain relief to safeguard her life, liberty, property, and equal 

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protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

63. Plaintiff Sophie K., by and through her guardian and grandfather, Dr. James 

Hansen, is a 16-year-old citizen of the U.S., and a resident of Allentown, Pennsylvania. Through 

stories from her grandfather, Dr. James Hansen, Sophie has become passionate about climate 

science and feels a sense of urgency and responsibility to compel government action on climate 

change. Extreme weather events, including Hurricane Sandy, caused Sophie to miss school on 

many occasions; hailstorms have damaged her house; floodwaters often inundate roads by her 

house; and Sophie has even been forced to prepare for tornado warnings, which are very unusual 

for the area where she lives. Intense summer heat now diminishes Sophie’s ability to participate 

in and enjoy outdoor activities, including track and tennis. Sophie would like to have the ability 

to one day live in coastal cities like New York or Los Angeles, but rising sea levels may inundate

these coastal areas within Sophie’s lifetime unless Defendants cease their actions that otherwise 

will soon ensure these catastrophic impacts. Sophie is distressed knowing the inundation of 

these, and other coastal hubs of our nation’s economy and commerce, will have profoundly 

negative economic impacts on our nation and on her own life as she gets older, looks for work to 

support herself, and begins her professional career.

64. Climate change substantially caused by the acts of Defendants is harming, and 

will continue to harm, the ability of Sophie and her family to grow food in her garden as the 

population of bees and other pollinators decline. In 2015, Sophie’s health was adversely 

impacted for the first time by pollen allergies, a condition exacerbated by global and regional 

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warming. Extreme weather events, intense heat, and rising seas have had, and will increasingly 

have, a negative impact on Sophie. Sophie is deeply concerned about the future because she 

knows that climate change will not only harm her, but will also harm the entire fabric of human 

civilization and all living things on Earth that she cherishes and relies on for her life, liberties, 

and property.

64-A. Sophie’s individual injuries to her food sources, her personal security and safety, 

her physical health and mental wellbeing, and her freedom to live in coastal areas and to pursue 

her happiness, are already occurring. Defendants’ national energy system is a substantial cause 

of those actual injuries. 

a. Defendants’ national energy system worsens Sophie’s individual injuries each 

year. Sophie is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Sophie is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to her food sources, her personal security and safety, her 

physical health and mental wellbeing, and her freedom to live in coastal areas and 

to pursue her happiness. The further loss of the ability to protect her life, while 

suffering these harms, is a separate concrete psychological, emotional, and mental 

health injury to Sophie. Another separate injury is the deprivation of Sophie’s

ability to act in her own interest to preserve the window of opportunity to prevent 

irreversible and inevitable injury going forward and therefore protect her life, all 

the while suffering these ongoing harms each year from Defendants’ national 

energy system, which they know is causing these injuries. The opportunity to 

prevent irreversible and inevitable injuries is still available now and is being 

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progressively foreclosed by the ongoing national energy system. When the 

irreversibility of these harms becomes certain, redress will be forever foreclosed 

by this Court or the political majority through the ballot box. Thus, Sophie’s 

injuries stem precisely from Defendants’ belief, and resultant policies and 

practices, that the national energy system is constitutionally compliant. 

b. Every attempt Sophie makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Sophie and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Sophie can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Sophie will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Sophie would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

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unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Sophie’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve 

Sophie’s opportunity to obtain relief to safeguard her life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

65. Plaintiff Jaime B., by and through her guardian and mother Jamescita Peshlakai, 

is a 14-year-old citizen of the U.S. and a resident of Flagstaff, Arizona. Jaime is a member of the 

Navajo Nation. Jaime was born into the Bitter Water Clan, with maternal grandfathers of the 

Red House Clan and paternal grandfathers of the Towering House Clan. Jaime and her family 

are experiencing harm from climate change caused by the acts of Defendants and will experience 

even more severe climate impacts in the future. Since she was four years old, Jaime has been 

working to protect the earth. Beginning in elementary school, Jaime has written letters to 

President Obama about her concerns for the environment, asking him to protect the Arctic 

National Wildlife Refuge and ensure that oil spills do not continue to happen. 

66. Jaime grew up in Cameron, Arizona, on the Navajo Nation Reservation. In 2011, 

Jaime and her Mother had to move from Cameron to Flagstaff because of water scarcity. Jaime 

and her extended family on the Reservation remember times when there was enough water on 

the Reservation for agriculture and farm animals, but now the springs they once depended on 

year-round are drying up. Jaime and her Mother were not able to sustain living on the 

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Reservation because of the costs of hauling water into Cameron for themselves and their 

animals. Jaime is worried that her extended family, all of whom live on the Reservation, will 

also be displaced from their land, which will erode her culture and way of life. Participating in 

sacred Navajo ceremonies on the Reservation is an important part of Jaime’s life, and climate 

impacts caused by the acts of Defendants are starting to harm the ability for Jamie and her tribe 

to participate in their traditional ceremonies. 

67. Jaime now lives on property her Mother owns in the Kaibab National Forest. The 

forest is Jaime’s favorite place to spend time. Jaime finds peace being outside in the forest 

surrounding her home, and she walks for 1-2 hours in the forest after school every day. Jaime’s 

ability to spend time in the forest is going to be limited due to increasing climate change caused 

by the acts of Defendants. Large parts of the Kaibab National Forest have been destroyed due to 

pine beetle infestations and forest fires. In 2014, Jaime and her Mother were evacuated from 

their home for two days because of the Oak Creek Canyon fire north of their property. Winds 

brought smoke and ash into their neighborhood. Jaime is worried that the area surrounding their 

home is becoming unsafe due to an increase in drought conditions and forest fires caused by the 

acts of Defendants. Jaime and her Mother have seen climate change impact the vegetables they 

grow for food on their property in Flagstaff. Jaime’s severe allergies have become increasingly 

worse over the last several years. She takes over-the-counter medication to combat her 

symptoms. With record-setting temperatures and a drought that has lasted several years, Jaime 

fears for her future and for the future of her family, their history, their traditions, and their way of 

life. 

67-A. Jaime’s individual injuries to her indigenous way of life, culture, and traditions, 

her family’s property, her water and food sources, her personal security and safety, her physical 

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and mental health, and her freedom to pass to the next generation of Dine ́ their heritage, are 

already occurring. Defendants’ national energy system is a substantial cause of those actual 

injuries. 

a. Defendants’ national energy system worsens Jaime’s individual injuries each 

year. Jaime is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Jaime is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to indigenous way of life, culture, and traditions, her family’s 

property, her water and food sources, her personal security and safety, her 

physical and mental health, and her freedom to pass to the next generation of 

Dine ́ their heritage. The further loss of the ability to protect her life, while 

suffering these harms, is a separate concrete psychological, emotional, and mental 

health injury to Jaime. Another separate injury is the deprivation of Jaime’s

ability to act in her own interest to preserve the window of opportunity to prevent 

irreversible and inevitable injury going forward and therefore protect her life, all 

the while suffering these ongoing harms each year from Defendants’ national 

energy system, which they know is causing these injuries. The opportunity to 

prevent irreversible and inevitable injuries is still available now and is being 

progressively foreclosed by the ongoing national energy system. When the 

irreversibility of these harms becomes certain, redress will be forever foreclosed 

by this Court or the political majority through the ballot box. Thus, Jaime’s 

injuries stem precisely from Defendants’ belief, and resultant policies and 

practices, that the national energy system is constitutionally compliant. 

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b. Every attempt Jaime makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Jaime and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Jaime can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Jaime will permanently lose her

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Jaime would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Jaime’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve Jaime’s 

opportunity to obtain relief to safeguard her life, liberty, property, and equal 

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protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

68. Plaintiff Journey Z., by and through his guardian and mother Erika Schneider, is 

a 15-year-old citizen of the U.S. Journey is a Native American born in South Dakota and a 

federally enrolled member of the Yankton Sioux Tribe. In 2009, Journey and his family moved 

to the island of Kaua‘i, Hawai‘i. Journey attends a Hawaiian cultural immersion school, has 

adopted the Hawaiian culture as his own, and speaks the native Hawaiian language. Journey has

deep cultural and spiritual connections with the Earth and all life. These connections depend on 

a stable climate system for survival, providing Journey with a fundamental sense of 

responsibility to protect the Earth for his generation and for future generations. Journey is a 

youth leader on the Rising Youth for a Sustainable Earth (“RYSE”) Youth Council and a youth 

ambassador for the Center for Native American Youth. Journey has advocated directly to 

President Obama’s administration and other federal government officials to secure government 

action to stabilize the climate system and protect his fundamental rights.

69. Journey participates in many culturally important activities, such as working in 

the taro fields, organic farming, playing Tahitian drum, fire dancing, and performing Halau Hula 

O Leilani. He also enjoys swimming, snorkeling, fishing, canoeing, stand-up paddle boarding, 

and walking and biking along the beach. His participation in and enjoyment of these activities 

has been and will continue to be negatively impacted by the impacts of climate change and ocean 

acidification caused by Defendants.

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70. Journey’s food security and his enjoyment of the biological diversity of the coral 

reefs are and will continue to be adversely impacted by ocean acidification and the climate 

change impacts of sea-level rise, increased sea surface temperature, alteration in ocean 

circulation, and increased storm intensity, all caused by the acts of Defendants. These problems

are all deleterious to coral reefs in Hawai‘i and their associated ecosystems and fisheries. 

Journey’s health, personal safety, cultural practices, and recreational interests are adversely 

impacted by the climate impacts of rising sea levels and intense storms that increase coastal 

flooding and erosion in Hawai‘i, damaging coastal ecosystems, infrastructure, and agriculture, on 

which Journey relies. Watching beaches erode away and disappear has emotionally harmed 

Journey. Journey performs Halau Hula O Leilani at the hotels along the beaches and will not be 

able to do so in the future with continued sea level rise. The rock wall at Journey’s favorite 

swimming beach eroded and fell into the ocean, and additional erosion will make it unsafe for 

Journey to swim there in the future. Decreased rainfall on Kaua‘i and the resulting lower river 

water levels, combined with saltwater inundation from sea level rise, have caused serious water 

quality problems, high bacteria levels, and increased shark activities that threaten Journey’s 

health and safety, preventing his use and enjoyment of rivers he frequently enjoyed. Declining 

freshwater availability also threatens Journey’s future access to drinking water and ability to stay 

on the island. Drought conditions on part of Kaua’i and saltwater inundation negatively impact 

the soil and the agricultural productivity of the farms and taro patches where Journey works. 

While total rainfall has decreased, rain intensity has increased. In 2012, this increased rain

intensity threatened Journey’s personal safety when he and his family were displaced by 

widespread flooding and evacuated to a Red Cross shelter.

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70-A. Journey’s individual injuries to his physical and mental health, personal security 

and safety, cultural practices, food and freshwater sources, and the coral reefs and ocean life he 

depends on for sustenance and happiness are already occurring. Defendants’ national energy 

system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Journey’s individual injuries each 

year. Journey is additionally injured by each passing year of losing the ability to 

prevent the worsening of his injuries. Journey is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to his physical and mental health, personal security and 

safety, cultural practices, food and freshwater sources, and the coral reefs and 

ocean life he depends on for sustenance and happiness. The further loss of the 

ability to protect his life, while suffering these harms, is a separate concrete 

psychological, emotional, and mental health injury to Journey. Another separate 

injury is the deprivation of Journey’s ability to act in his own interest to preserve 

the window of opportunity to prevent irreversible and inevitable injury going 

forward and therefore protect his life, all the while suffering these ongoing harms

each year from Defendants’ national energy system, which they know is causing 

these injuries. The opportunity to prevent irreversible and inevitable injuries is 

still available now and is being progressively foreclosed by the ongoing national 

energy system. When the irreversibility of these harms becomes certain, redress 

will be forever foreclosed by this Court or the political majority through the ballot 

box. Thus, Journey’s injuries stem precisely from Defendants’ belief, and 

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resultant policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Journey makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Journey and which 

foreclose his ability to obtain relief that will protect himself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Journey can prevent his irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Journey will permanently lose 

his ability to obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Journey would obtain relief to safeguard his life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Journey’s 

injuries at the hands of his government will end, providing substantially 

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meaningful partial redress of his injuries. The Court will thereby preserve 

Journey’s opportunity to obtain relief to safeguard his life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

71. Plaintiff Vic B., by and through his guardian and mother Daisy Calderon, is a 16-

year-old citizen of the U.S. and a resident of White Plains, New York. In September 2015, Vic

will be a junior in high school at Notre Dame School of Manhattan in New York City. Since 

2013, Vic has been active in the climate movement, educating people about climate change and 

working to mitigate it. Vic was a fellow with the Alliance for Climate Education and continues 

to advocate for education and action on climate change in New York. 

72. Vic has become emotionally distressed by the increase in superstorms in the 

Northeast. Vic was harmed by Hurricane Sandy when he and his family lost power to their 

home, his school shut down, and his forms of public transportation were not operating. Vic is 

also harmed by the increasing sweltering summer temperatures, which limit the time he spends 

outdoors in New York. In recent years, his pollen allergies have become worse, making it even 

more difficult to enjoy being outside. Vic lives on low-lying land, which is threatened by rising 

sea levels and more frequent storm surges. 

72-A. Vic is Honduran-American and belongs to the Afro-Indigenous Garifuna 

community that settled on the northern coast of Honduras hundreds of years ago and his and his 

family’s traditional heritage, way of life, food sources, land, and home are critically endangered

by sea level rise. Vic’s individual injuries to his Garifuna heritage, his physical and mental 

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health, his personal security and safety, and his family’s property are already occurring. 

Defendants’ national energy system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Vic’s individual injuries each year. 

Vic is additionally injured by each passing year of losing the ability to prevent the 

worsening of his injuries. Vic is also injured by each passing year of losing the 

ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his Garifuna heritage, his physical and mental health, his personal 

security and safety, and his family’s property. The further loss of the ability to 

protect his life, while suffering these harms, is a separate concrete psychological, 

emotional, and mental health injury to Vic. Another separate injury is the 

deprivation of Vic’s ability to act in his own interest to preserve the window of 

opportunity to prevent irreversible and inevitable injury going forward and 

therefore protect his life, all the while suffering these ongoing harms each year 

from Defendants’ national energy system, which they know is causing these 

injuries. The opportunity to prevent irreversible and inevitable injuries is still 

available now and is being progressively foreclosed by the ongoing national 

energy system. When the irreversibility of these harms becomes certain, redress 

will be forever foreclosed by this Court or the political majority through the ballot 

box. Thus, Vic’s injuries stem precisely from Defendants’ belief, and resultant 

policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Vic makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

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constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Vic and which foreclose 

his ability to obtain relief that will protect himself. The composition of the United 

States national energy system is the most important factor in the world as to 

whether Vic can prevent his irreversible injury. If the national energy system 

remains predominantly fossil fuel-based, Vic will permanently lose his ability to 

obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Vic would obtain relief to safeguard his life, liberty, property, and 

equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Vic’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve Vic’s 

opportunity to obtain relief to safeguard his life, liberty, property, and equal 

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

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substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

73. Plaintiff Nathaniel B., by and through his guardian and mother Sharon Baring, is 

a 15-year-old citizen of the U.S. and a resident of Fairbanks, Alaska. Nathaniel and his family 

are already witnessing the impacts of climate change and he is psychologically harmed knowing 

of the inevitable and increasingly severe climate impacts he will experience in the future. 

74. Nathaniel is an avid Nordic skier who also enjoys downhill skiing. Nathaniel has 

been harmed by the reduced snowfall during the past few winters. Snow that typically comes in 

August is coming as late as November. In 2014-2015, Anchorage received its lowest seasonal 

snowfall to date. Nathaniel is experiencing more ice storms in Fairbanks. Last year the city 

declared a state of disaster after a severe ice storm created widespread power outages. Nathaniel 

and his family suffered without power for nearly a week in temperatures of 18 degrees 

Fahrenheit. 

75. This summer, Alaska experienced over 300 wildfires across the state, all 

occurring at once. Wildfires have become a common occurrence every summer in Alaska. 

During the summer of 2015, Fairbanks was surrounded by numerous wildfires and air quality 

rivaled that of some of the world’s smoggiest cities. As an asthma and allergy sufferer, the hot 

dry wildfire season makes it hard for Nathaniel to breathe outside and participate in crosscountry running, one of his favorite sports. Nathaniel is distraught knowing that changing 

temperatures caused by Defendants will affect his way of life and the animals and ecosystems 

that surround him and on which he relies for recreation and food. His family raises chickens on 

their property and they hunt for moose and grouse for food. These animals are harmed by the 

extreme climate changes happening in Alaska caused by Defendants. Nathaniel has also noticed 

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a sharp decline of salmon, especially king salmon, which is important for his diet. This summer 

Alaska had a very small king salmon run on the Yukon River. Nathaniel and his family take 

fishing trips and he has experienced firsthand the decline in salmon runs. Nathaniel enjoys 

visiting Alaska’s glaciers and intends to continue to do so. However, the glaciers Nathaniel 

visits are significantly receding, including the Mendenhall Glacier in Juneau, which has retreated 

over 1.5 miles. 

76. Nathaniel is working hard to take actions to reverse and mitigate the effects of 

climate change through his membership in Alaska Youth for Environmental Action and his work 

with Citizens Climate Lobby and his church. At home, Nathaniel and his family try to ride bikes 

as much as possible. Nathaniel participates in the “dime a gallon” program at church, where 

members contribute a certain pre-arranged amount for every gallon of gas they use for 

transportation, which is then used to install insulation in their buildings, and other greening 

projects, such as solar panels. 

76-A. Nathaniel’s individual injuries to his physical and mental health, his food sources, 

his personal security and safety in his home, and the snow and winter conditions that he relies 

upon for life, sustenance, and happiness are already occurring. Defendants’ national energy 

system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Nathaniel’s individual injuries each 

year. Nathaniel is additionally injured by each passing year of losing the ability to 

prevent the worsening of his injuries. Nathaniel is also injured by each passing 

year of losing the ability to prevent the irreversibility and inevitability of a 

lifetime of worsening hardship to his physical and mental health, his food sources, 

his personal security and safety in his home, and the snow and winter conditions 

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that he relies upon for life, sustenance, and happiness. The further loss of the 

ability to protect his life, while suffering these harms, is a separate concrete 

psychological, emotional, and mental health injury to Nathaniel. Another separate 

injury is the deprivation of Nathaniel’s ability to act in his own interest to 

preserve the window of opportunity to prevent irreversible and inevitable injury 

going forward and therefore protect his life, all the while suffering these ongoing 

harms each year from Defendants’ national energy system, which they know is 

causing these injuries. The opportunity to prevent irreversible and inevitable 

injuries is still available now and is being progressively foreclosed by the ongoing 

national energy system. When the irreversibility of these harms becomes certain, 

redress will be forever foreclosed by this Court or the political majority through 

the ballot box. Thus, Nathaniel’s injuries stem precisely from Defendants’ belief, 

and resultant policies and practices, that the national energy system is 

constitutionally compliant. 

b. Every attempt Nathaniel makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Nathaniel and which 

foreclose his ability to obtain relief that will protect himself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Nathaniel can prevent his irreversible injury. If the national energy 

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system remains predominantly fossil fuel-based, Nathaniel will permanently lose 

his ability to obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Nathaniel would obtain relief to safeguard his life, liberty, 

property, and equal protection of the law. If the Court declares the nation’s energy 

system unconstitutional in its present form, Defendants will correct the 

unconstitutional policies and practices of the national energy system. The 

worsening of Nathaniel’s injuries at the hands of his government will end, 

providing substantially meaningful partial redress of his injuries. The Court will 

thereby preserve Nathaniel’s opportunity to obtain relief to safeguard his life, 

liberty, property, and equal protection of the law from irreversible and inevitable 

injury. Protecting the opportunity for freedom and happiness and safety and 

security, by eliminating a substantial federal government restraint on freedom and 

decreasing the substantial risk of irreversibility, is tremendously meaningful 

redress.

77. Plaintiff Aji P., by and through his guardian and mother Helaina Piper, is a 15-

year-old citizen of the U.S. and a resident of West Seattle, Washington. Aji is experiencing the 

impacts of climate change caused by Defendants, and has been harmed by the increasing severity 

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of such impacts. In 2014, the State of Washington had the worst wildfire in the state’s recorded 

history, the Carlton Complex fire. Aji and his family were impacted by that wildfire while on a 

trip through the Cascade Mountains when they were forced to breathe the smoke in the air. 

During the summer of 2015, Aji has struggled to participate in his regular summer outdoor 

activities because of temperatures climbing above 90 degrees Fahrenheit for extended periods, 

which is highly unusual for temperate Seattle. 

78. Aji has also experienced the negative effects of climate change on Puget Sound 

and the freshwater systems and fish. The decreasing water quality in Puget Sound is causing 

dead zones to occur and ocean acidification is killing fish and shellfish. Aji recreates in these 

areas and enjoys seeing marine life. The impacts to shellfish and the diminishing numbers of 

starfish harm Aji’s recreational and aesthetic interests. Aji has also been unable to touch or eat 

shellfish in Puget Sound due to toxicity levels. Aji is distraught by seeing the ecosystems 

surrounding his home harmed by climate change and ocean acidification caused by Defendants. 

79. The impacts of climate change in other places in the western United States are 

also affecting Aji. On a trip to Montana with his grandparents, Aji experienced dead forests 

killed by pine bark beetles. Although Aji’s mother is from Albuquerque, New Mexico, and they 

have family there, Aji and his family will not move back to New Mexico because of water 

shortage issues and the declining aquifer. 

80. Aji advocates for actions to reverse and mitigate the effects of climate change

caused by Defendants. He is a member of Plant for the Planet Leadership Corps, in which he 

plants trees, helps restore local forests, and speaks to the public about climate change impacts. 

He is also a member of Rising Youth for a Sustainable Earth. Aji is a vegetarian and he and his 

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family try to limit the time they spend driving as much as possible, opting to walk, bike, or take 

public transportation.

80-A. Aji’s individual injuries to his physical and mental health, his personal security 

and safety, and the natural areas he relies upon for life, sustenance, and happiness are already 

occurring. Defendants’ national energy system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Aji’s individual injuries each year. 

Aji is additionally injured by each passing year of losing the ability to prevent the 

worsening of his injuries. Aji is also injured by each passing year of losing the 

ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his physical and mental health, his personal security and safety, and 

the natural areas he relies upon for life, sustenance, and happiness. The further

loss of the ability to protect his life, while suffering these harms, is a separate 

concrete psychological, emotional, and mental health injury to Aji. Another 

separate injury is the deprivation of Aji’s ability to act in his own interest to 

preserve the window of opportunity to prevent irreversible and inevitable injury 

going forward and therefore protect his life, all the while suffering these ongoing 

harms each year from Defendants’ national energy system, which they know is 

causing these injuries. The opportunity to prevent irreversible and inevitable 

injuries is still available now and is being progressively foreclosed by the ongoing 

national energy system. When the irreversibility of these harms becomes certain, 

redress will be forever foreclosed by this Court or the political majority through 

the ballot box. Thus, Aji’s injuries stem precisely from Defendants’ belief, and 

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resultant policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Aji makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Aji and which foreclose 

his ability to obtain relief that will protect himself. The composition of the United 

States national energy system is the most important factor in the world as to 

whether Aji can prevent his irreversible injury. If the national energy system 

remains predominantly fossil fuel-based, Aji will permanently lose his ability to 

obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Aji would obtain relief to safeguard his life, liberty, and equal 

protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Aji’s 

injuries at the hands of his government will end, providing substantially 

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meaningful partial redress of his injuries. The Court will thereby preserve Aji’s 

opportunity to obtain relief to safeguard his life, liberty, and equal protection of 

the law from irreversible and inevitable injury. Protecting the opportunity for 

freedom and happiness and safety and security, by eliminating a substantial 

federal government restraint on freedom and decreasing the substantial risk of 

irreversibility, is tremendously meaningful redress.

81. Plaintiff Levi D., by and through his guardian and mother Leigh-Ann Draheim, is 

a citizen of the U.S. and a resident of Indialantic, Florida. Levi is 8-years-old and he is 

experiencing the impacts of climate change and working to take action and spread awareness 

about protecting the climate system. 

82. Levi lives with his Mother and maternal grandparents in Indialantic, which is 

situated on a barrier island that separates the Indian River Lagoon from the Atlantic Ocean. The 

barrier island consists of primarily unconsolidated sand that sits on top of porous limestone 

bedrock. During the summer of 2015, Levi experienced a lack of rainfall that the island usually 

receives in the afternoons. Temperatures have been abnormally hot, making it harder than 

normal for Levi and his family to grow vegetables and herbs. 

83. The beaches on the island are Levi’s backyard. During the summer months he 

spends time at the beach five days a week. In the last couple of years, Levi has noticed a 

Sargassum seaweed invasion, with seaweed covering the beaches along the island. Levi is 

having a hard time enjoying beach activities because the rotting seaweed smells like sulfur. Levi 

has also seen climate impacts affect ecosystems at the beach, and has specifically experienced 

fewer sea turtles in the area. Levi can no longer swim in the Indian River Lagoon because of 

increasing flesh-eating bacteria and dead fish. Levi and his family are able to smell the dead fish 

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in their community. He is also now limited by where he can swim in the Atlantic Ocean, due to 

an increase in flesh-eating bacteria. 

84. Levi and his family regularly visit the City of Satellite Beach. In 2009, Satellite 

Beach, an 8-minute drive from Levi’s house, authorized a project to assess rising sea levels and 

work to mitigate impacts. In July 2010, the Sea Level Rise Subcommittee of Satellite Beach 

provided the results of the study: the City needs to plan for sea level rise. The island’s real estate 

prices are declining, and Levi’s family knows the property they own will decrease in value, and 

could eventually be lost completely, due to sea level rise caused by climate change and melting 

ice. 

85. In the last two years, Levi’s severe allergies have made it harder for him to spend 

time outdoors. Experiencing nature and wilderness in healthy conditions is important for Levi’s 

emotional wellbeing, and his fears for the future of the beaches and springs in Florida and the 

wildlife that inhabit them are causing adverse psychological impacts to Levi. Levi works hard to 

keep the environment healthy on the coast by cleaning up the beaches and maintaining the dunes; 

at church by teaching his friends about how they can help the environment; and at home by 

conserving water by taking short timed showers, eating a vegetarian diet, and recycling.

85-A. Levi’s individual injuries to his physical and mental health, his personal security 

and safety in his home, his family’s property, and the waters and beaches and wildlife he relies 

upon for life, sustenance, and happiness are already occurring. Defendants’ national energy 

system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Levi’s individual injuries each year. 

Levi is additionally injured by each passing year of losing the ability to prevent 

the worsening of his injuries. Levi is also injured by each passing year of losing 

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the ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his physical and mental health, his personal security and safety in his 

home, his family’s property, and the waters and beaches and wildlife he relies 

upon for life, sustenance, and happiness. The further loss of the ability to protect 

his life, while suffering these harms, is a separate concrete psychological, 

emotional, and mental health injury to Levi. Another separate injury is the 

deprivation of Levi’s ability to act in his own interest to preserve the window of 

opportunity to prevent irreversible and inevitable injury going forward and 

therefore protect his life, all the while suffering these ongoing harms each year 

from Defendants’ national energy system, which they know is causing these 

injuries. The opportunity to prevent irreversible and inevitable injuries is still 

available now and is being progressively foreclosed by the ongoing national 

energy system. When the irreversibility of these harms becomes certain, redress 

will be forever foreclosed by this Court or the political majority through the ballot 

box. Thus, Levi’s injuries stem precisely from Defendants’ belief, and resultant 

policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Levi makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Levi and which foreclose 

his ability to obtain relief that will protect himself. The composition of the United 

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States national energy system is the most important factor in the world as to 

whether Levi can prevent his irreversible injury. If the national energy system 

remains predominantly fossil fuel-based, Levi will permanently lose his ability to 

obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Levi would obtain relief to safeguard his life, liberty, property, and 

equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Levi’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve Levi’s 

opportunity to obtain relief to safeguard his life, liberty, property, and equal 

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

86. Plaintiff Jayden F., by and through her mother and guardian Cherri Foytlin, is a 

12-year-old citizen of the U.S. and a resident of Rayne, Louisiana. In 2005, Jayden moved to 

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Louisiana Since then, she has lived through three hurricanes and many more tropical storms.

Jayden has suffered harm and will continue to suffer harm to her and her family’s personal 

safety, bodily integrity, property, economic stability, food security, and recreational interests 

from rising sea levels, increased frequency and severity of hurricanes with ensuing storm surges, 

flooding, and high winds, all associated with or exacerbated by climate change caused by 

Defendants. Jayden is also directly harmed by Defendants’ support and promotion of fossil fuel 

development in Louisiana, which adversely impacts her air and water quality and health and 

exacerbates the climate impacts she has experienced and will experience in the region.

87. Impacts from climate change and fossil fuel development threaten Jayden’s life, 

liberty, and property. With warmer ocean water temperatures, hurricanes are becoming more 

frequent and more destructive. Rising sea level means higher storm surges, even from relatively 

minor storms, which increase coastal flooding, storm damage, and land loss where she lives. 

Defendants’ approval of the dredging of canals through marshes for oil and gas exploration and 

pipelines has compounded the problem by its destruction of natural storm barriers, increased 

erosion, and intense saltwater intrusion, resulting in additional land loss. In 2008, during 

Hurricane Gustav, Jayden’s family lost power and water for a week.

88. The air and water pollution from the development of fossil fuels in southern 

Louisiana also threaten the health of Jayden and her family. Jayden and her family used to enjoy 

visiting the beach frequently, swimming in the Gulf of Mexico, crabbing, and eating seafood, but 

she has avoided these activities since the BP oil spill because residual oil is continually dispersed 

across the Gulf when the increasing number of storms or hurricanes come ashore due to climate 

change, making such normally enjoyable activities dangerous. Jayden enjoys traveling and 

visiting family friends all along the Gulf Coast in every state from Texas to Florida and plans to 

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do so in the future, but the coastal impacts from climate change caused by Defendants, including 

increased coastal flooding, storm damage, and land loss, will impair her ability to do so in the 

future. 

88-A. Jayden’s individual injuries to her personal security, her safety and bodily 

integrity, her mental health, her home and property, her food and water security, the air she 

breathes, and her pursuit of happiness in nature, are already occurring. Defendants’ national 

energy system is a substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Jayden’s individual injuries each 

year. Jayden is additionally injured by each passing year of losing the ability to 

prevent the worsening of her injuries. Jayden is also injured by each passing year 

of losing the ability to prevent the irreversibility and inevitability of a lifetime of 

worsening hardship to her personal security, her safety and bodily integrity, her 

mental health, her home and property, her food and water security, the air she 

breathes, and her pursuit of happiness in nature. The further loss of the ability to 

protect her life, while suffering these harms, is a separate concrete psychological, 

emotional, and mental health injury to Jayden. Another separate injury is the

deprivation of Jayden’s ability to act in her own interest to preserve the window 

of opportunity to prevent irreversible and inevitable injury going forward and 

therefore protect her life, all the while suffering these ongoing harms each year 

from Defendants’ national energy system, which they know is causing these 

injuries. The opportunity to prevent irreversible and inevitable injuries is still 

available now and is being progressively foreclosed by the ongoing national 

energy system. When the irreversibility of these harms becomes certain, redress 

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will be forever foreclosed by this Court or the political majority through the ballot 

box. Thus, Jayden’s injuries stem precisely from Defendants’ belief, and resultant 

policies and practices, that the national energy system is constitutionally 

compliant. 

b. Every attempt Jayden makes to safeguard her life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Jayden and which 

foreclose her ability to obtain relief that will protect herself. The composition of 

the United States national energy system is the most important factor in the world 

as to whether Jayden can prevent her irreversible injury. If the national energy 

system remains predominantly fossil fuel-based, Jayden will permanently lose her 

ability to obtain relief that will protect herself and her rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Jayden would obtain relief to safeguard her life, liberty, property, 

and equal protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

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policies and practices of the national energy system. The worsening of Jayden’s 

injuries at the hands of her government will end, providing substantially 

meaningful partial redress of her injuries. The Court will thereby preserve 

Jayden’s opportunity to obtain relief to safeguard her life, liberty, property, and 

equal protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

89. Plaintiff Nicholas V., by and through his legal guardian and mother, Marie 

Venner, is a 14-year-old citizen of the U.S. and a resident of Lakewood, Colorado. Nick sees 

climate change caused by Defendants as a threat to human civilization and has given numerous 

presentations educating people about the science of climate change. As a Catholic, he is drawn 

to the intersection between his church and environmental stewardship, and was inspired by Pope 

Francis’s 2015 encyclical, On Care for Our Common Home. 

90. Pine beetles and wildfires, forcing Nick to stop visiting some of his favorite 

places, have destroyed forests in Colorado, where Nick used to go hiking, fishing, and camping. 

Nick enjoys fishing, especially in Boulder Creek, but due to wildfires and variable water flows 

from droughts and floods, he has not been able to go fishing for the past three years. Nick and 

his family grow fruit trees, have a garden, and buy food from local farmers. Hail, rainstorms, 

drought, and pests have ruined their garden several years over the last decade. The unusual 

weather has affected Nick’s consumption of the locally grown produce available through 

community-supported agriculture. Rising summer temperatures make it harder for Nick to enjoy 

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outdoor activities, including hiking, biking, and tennis. Warmer winters mean Nick gets to ski 

less; moreover, when he does go skiing, his favorite parts of the mountain frequently are closed. 

90-A. Nick suffers from asthma that is made worse by fossil fuel burning and climate 

destabilization, especially the increase in the number of very hot days and the extended wildfire 

and smoke season where Nick lives, breathes, and recreates. Nick’s mental health is harmed by 

both his physical injuries and living in a nation whose government is knowingly harming him 

and Earth’s ability to sustain human life. Nick’s individual injuries to his lungs, and his overall 

physical and mental health, and access to the food, forests, and waters he relies upon for life,

sustenance, and happiness are already occurring. Defendants’ national energy system is a 

substantial cause of those actual injuries. 

a. Defendants’ national energy system worsens Nick’s individual injuries each year. 

Nick is additionally injured by each passing year of losing the ability to prevent 

the worsening of his injuries. Nick is also injured by each passing year of losing 

the ability to prevent the irreversibility and inevitability of a lifetime of worsening 

hardship to his lungs, and his overall physical and mental health, and access to the 

food, forests, and waters he relies upon for life, sustenance, and happiness. The 

further loss of the ability to protect his life, while suffering these harms, is a 

separate concrete psychological, emotional, and mental health injury to Nick. 

Another separate injury is the deprivation of Nick’s ability to act in his own 

interest to preserve the window of opportunity to prevent irreversible and 

inevitable injury going forward and therefore protect his life, all the while 

suffering these ongoing harms each year from Defendants’ national energy 

system, which they know is causing these injuries. The opportunity to prevent 

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irreversible and inevitable injuries is still available now and is being progressively 

foreclosed by the ongoing national energy system. When the irreversibility of 

these harms becomes certain, redress will be forever foreclosed by this Court or 

the political majority through the ballot box. Thus, Nick’s injuries stem precisely 

from Defendants’ belief, and resultant policies and practices, that the national 

energy system is constitutionally compliant. 

b. Every attempt Nick makes to safeguard his life, liberties, property, and equal 

protection of the law fails because Defendants view the national energy system as 

constitutionally compliant. As long as Defendants operate under the belief that the 

national energy system is constitutionally compliant, Defendants will continue to 

power it with fossil fuels at levels that are dangerous for Nick and which foreclose 

his ability to obtain relief that will protect himself. The composition of the United 

States national energy system is the most important factor in the world as to 

whether Nick can prevent his irreversible injury. If the national energy system 

remains predominantly fossil fuel-based, Nick will permanently lose his ability to 

obtain relief that will protect himself and his rights. 

c. If this Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and these 

government Defendants as to whether Defendants’ national energy system has 

violated and continues to violate Plaintiffs’ constitutional rights as described 

herein, the Court will have ordered a change in legal status that would have 

practical consequences. A declaratory judgment would significantly increase the 

likelihood that Nick would obtain relief to safeguard his life, liberty, and equal 

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protection of the law. If the Court declares the nation’s energy system 

unconstitutional in its present form, Defendants will correct the unconstitutional 

policies and practices of the national energy system. The worsening of Nick’s 

injuries at the hands of his government will end, providing substantially 

meaningful partial redress of his injuries. The Court will thereby preserve Nick’s 

opportunity to obtain relief to safeguard his life, liberty, property, and equal 

protection of the law from irreversible and inevitable injury. Protecting the 

opportunity for freedom and happiness and safety and security, by eliminating a 

substantial federal government restraint on freedom and decreasing the substantial 

risk of irreversibility, is tremendously meaningful redress.

91. [DELETED]

92. Plaintiff Future Generations, by and through their Guardian Dr. James 

Hansen, retain the legal right to inherit well-stewarded public trust resources and to protection of 

their future lives, liberties, and property – all of which are imminently threatened by the actions 

of Defendants challenged herein. Guardian Hansen stands in this case both to demand effective 

governmental action to protect these fundamental rights and, until that is done, a cessation of 

governmental action that exacerbates the imposed risk. 

93. Dr. James Hansen is the former Director of the NASA Goddard Institute for 

Space Studies, and is presently an Adjunct Professor at Columbia University’s Earth Institute, 

where he directs a program in Climate Science, Awareness, and Solutions. Dr. Hansen trained in 

physics and astronomy in the space science program of Dr. James Van Allen at the University of 

Iowa, receiving a bachelor’s degree with highest distinction in physics and mathematics, 

master’s degree in astronomy, and Ph.D. in physics in 1967. In his early research Dr. Hansen 

Deleted: Plaintiff Earth Guardians is a tribe of young 

activists, artists and musicians from across the globe 

stepping up as leaders and growing a resilient movement 

with youth, at the forefront, who are empowered to create a 

sustainable world for themselves and future generations. 

Earth Guardians has crews and youth members across the 

United States and globally, including in Eugene, Oregon.

Earth Guardians’ Rising Youth for a Sustainable Earth is a 

diverse council of young climate leaders who are taking 

action and empowering youth around the world to do the 

same. The Generation RYSE Youth Council is made up of 

16 youth leaders from around the nation, ages 10-21, who

conduct trainings and sustainability initiatives in their own 

communities, working to protect their climate system.

Members of Earth Guardians and RYSE are youth 

beneficiaries of the federal public trust and are harmed by 

the substantial impairment and alienation of their public trust 

resources. Their fundamental rights are infringed by 

Defendants ongoing actions to allow fossil fuel exploitation, 

which endangers their lives, liberties and property.

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used telescopic observations of Venus to extract detailed information on the physical properties 

of the cloud and haze particles that veil Venus. Since the mid-1970s, Dr. Hansen has focused on 

studies and computer simulations of the Earth’s climate, for the purpose of understanding the 

human impact on global climate. His testimony on climate change to Congress in the 1980s

helped raise broad awareness of the global warming issue. 

94. In recent years, Dr. Hansen has drawn attention to the danger of passing climate 

tipping points, producing irreversible climate impacts that would yield a different planet from the 

one on which civilization developed. Dr. Hansen has also outlined steps that are needed to 

stabilize climate. Dr. Hansen’s most recent work clearly establishes that danger and those steps, 

and it is summarized in Dr. Hansen’s declaration, which Plaintiffs attach hereto as Exhibit A. 

Dr. Hansen has long advocated for government actions to protect the climate system for present 

and future generations.

95. Dr. Hansen is an elected member of the United States National Academy of 

Sciences (1995) and a recipient of the Heinz Award for the Environment (2001), the Leo Szilard 

Award for Use of Physics for the Benefit of Society (2007), the American Association for the 

Advancement of Science Award for Scientific Freedom and Responsibility (2007), the Sophie 

Prize (2010), and the Blue Planet Prize (2010). 

95-A. As described above, Youth Plaintiffs are actually harmed in uniquely individual 

and particularized ways by Defendants’ fossil fuel energy policies and practices that make up the 

national energy system. Youth Plaintiffs are actually harmed physically by the national energy 

system. Youth Plaintiffs are actually harmed psychologically, mentally, and emotionally by the 

national energy system. Youth Plaintiffs are also being injured because their federal government 

continues to put them at greater risk of even more physical and mental health harm than they 

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already experience, as the policies and practices that make up the national energy system 

continue and the climate crisis worsens. The United States’ ongoing energy system places Youth 

Plaintiffs at great risk of sustaining additional irreversible physical and mental health harms. 

The national energy system hastens the irreversibility and worsening of the existing injuries and 

that hastening in and of itself is an injury to Youth Plaintiffs. Declaratory judgment in Youth 

Plaintiffs’ favor would be substantially likely to stop the United States’ hastening of the 

environmental apocalypse that locks in irreversible injuries to Plaintiffs. 

95-B. If the national energy system is not declared unconstitutional, Youth Plaintiffs 

will disproportionately and irrevocably suffer from the worsening physical and mental health 

harms caused by the national energy system and the hastening irreversibility of them. If the 

energy system is not declared unconstitutional, the energy system will inflict additional 

irreversible and catastrophic harm on these young Plaintiffs. If the energy system is declared 

unconstitutional, on information and belief, Defendants will take corrective action and change 

and/or cease the policies and practices that make the national energy system unconstitutional. If 

the national energy system is declared unconstitutional and Defendants thereafter abide by this 

Court’s declaratory judgment, it is substantially likely that Youth Plaintiffs’ injuries will be 

minimized, reduced to some meaningful extent and in some cases abated entirely. It is also 

substantially likely that the hastening of the irreversibility of these injuries will slow or cease.

95-C. The systematic conduct making up the national energy system, which has caused 

and is causing Plaintiffs’ ongoing injuries, includes government policies, practices, and 

aggregate actions, such as permits, licenses, leases, subsidies, standards, and authorizations for 

the extraction, development, processing, combustion, and transportation of fossil fuel. Until the 

Court resolves this constitutional controversy, these young Plaintiffs will continue to be harmed 

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and put at extreme risk by the GHG emissions caused by Defendants’ national energy system 

and Defendants will be free to continue to operate the national energy system to cause harmful 

GHG emissions in an unconstitutional manner, avoiding the constitutional check of Article III 

courts and undermining the separation of powers that the Framers intended. Without declaratory 

relief in the first instance, Defendants will be free to continue this systematic conduct that “may 

hasten an environmental apocalypse” and carry out “the Nation’s willful destruction.” 

95-D. Declaratory judgment will eliminate the current and substantial legal controversy 

and inform the parties of the unlawfulness or lawfulness of the government’s national energy 

system, especially as to whether Defendants’ policies, practices, and aggregate actions cause a 

deprivation of rights secured by the Constitution. That declaratory judgment will have immediate 

practical consequences and will be substantially likely to provide meaningful redress because

upon information and belief Defendants will abide by any declaratory judgment order and bring 

the national energy system into constitutional compliance. 

96. Youth Plaintiffs2 represent the youngest living generation, beneficiaries of the 

public trust. Youth Plaintiffs have a substantial, direct, and immediate interest in protecting the 

atmosphere, other vital natural resources, their quality of life, their property interests, and their 

liberties. They also have an interest in ensuring that the climate system remains stable enough to 

secure their constitutional rights to life, liberty, and property, rights that depend on a livable 

future, in other words, a stable climate system capable of sustaining human life. A livable future 

includes the opportunity to drink clean water, to grow food, to be free from direct and imminent 

property damage caused by extreme weather events, to benefit from the use of property, and to 

enjoy the abundant and rich biodiversity of our Nation. Youth Plaintiffs are suffering both 

 2 The term “Youth Plaintiffs” refers to each of the individually named Plaintiffs.

Deleted: n

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immediate and threatened injuries as a result of actions and omissions by Defendants alleged 

herein and will continue to suffer life-threatening and irreversible injuries without the relief 

sought. Youth Plaintiffs have suffered and will continue to suffer harm to their health, personal 

safety, bodily integrity, cultural and spiritual practices, economic stability, food security, 

property, and recreational interests from the impacts of climate change and ocean acidification 

caused by Defendants. Youth Plaintiffs have also been denied the procedural right to participate 

in decision-making regarding the Department of Energy’s approval of LNG exports from the 

Jordan Cove LNG terminal in Coos Bay, Oregon. Youth Plaintiffs, and all of them, have 

suffered procedural harm as a result of this denial.

97. [DELETED]

DEFENDANTS

98. Defendant the United States of America (“United States”) is the sovereign 

trustee of national natural resources, including air, water, sea, shores of the sea, and wildlife. In 

its sovereign capacity, the United States controls our nation’s air space and atmosphere. In its 

sovereign capacity, the United States controls federal public lands, waters, and other natural 

resources, including fossil fuel reserves. In its sovereign capacity, the United States controls 

articles of interstate and international commerce, including extraction, development, and 

conditions for the utilization of fossil fuels, such as allowing CO2 emissions from major sources. 

As a result of both its exercise of control over the national energy system, exercised through its 

fossil fuel energy policies, practices, and aggregate actions, as well as its failure to limit and 

phase-out CO2 emissions, the United States has caused dangerous levels of CO2 to build up in 

the atmosphere. That build-up seriously threatens the relatively stable climate system that 

enabled civilization to develop over the last 10,000 years. It impairs essential national public 

Deleted: Absent immediate, meaningful action by 

Defendants to cease their permitting, authorizing, 

subsidizing, and supporting fossil fuel exploitation, 

production, and consumption, and otherwise to act to phaseout CO2 emissions, Plaintiffs would suffer increasingly 

severe consequences. By 2100, these Youth Plaintiffs (many 

of whom should still be alive), and future generations, would

live with a climate system that is no longer conducive to 

their survival.

Deleted: articles of interstate and international commerce,

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trust resources required by Youth Plaintiffs and future generations. This failure to prevent the 

present and looming climate crisis constitutes a breach in the government’s basic duty of care to 

protect Plaintiffs’ fundamental constitutional rights. United States’ ongoing energy system places

Youth Plaintiffs at great risk of sustaining additional irreversible physical and mental health 

harms. 

99. [DELETED]

100. Defendant the Office of the President of the United States includes the Council 

on Environmental Quality (“CEQ”), the Office of Management and Budget (“OMB”), and the 

Office of Science and Technology Policy (“OSTP”). 

a. CEQ’s mission is to promote the well-being of our country for both 

current and future generations, which includes curbing the carbon 

pollution that is causing climate change. 

b. OMB serves as the implementation and enforcement arm of all 

Presidential policy, including budget development and execution, 

coordination and review of all significant federal regulations, and issuance 

of executive orders. OMB promotes the government’s affirmative 

aggregate acts in the areas of fossil fuel production, consumption, and 

combustion by coordination and review of Federal regulations by 

executive agencies and review and assessment of information collection 

requests. 

c. OSTP leads interagency efforts to develop and implement sound science 

and technology policies and budgets, and to work with state and local 

governments, the scientific community, private sectors, and other nations 

Deleted: Defendant Barack Obama, the President of the 

United States, in his official capacity, is vested with the 

executive power of the United States and must faithfully 

execute the office and preserve, protect, and defend the 

Constitution. Through his office, the President has permitted 

and encouraged fossil fuel exploitation, utilization, and 

exports, which activities generate additional CO2 emissions 

and, in light of the present baseline of atmospheric 

concentrations, dangerously interfere with the climate system

in violation of Plaintiffs’ constitutional rights. Moreover, 

consistent with these efforts that exacerbate the climate 

crisis, the President has failed to utilize his Office to initiate 

any comprehensive effort to phase out fossil fuel emissions 

by amounts that could avert dangerous disruption of the 

climate system.

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toward this end. Pursuant to authority granted by Congress under National 

Science and Technology Policy, Organization, and Priorities Act of 1976, 

President Bush’s 2001 Executive Order 13226, and President Obama’s 

2010 Executive Order 13539, OSTP has been involved in the President’s 

strategy for addressing climate change. Despite its charge to ensure that 

the policies of the Executive are informed by sound science, OSTP has 

permitted additional fossil fuel projects, including extraction, processing, 

transportation, combustion, and exportation of coal, oil, and gas from 

conventional and unconventional reserves. 

101. The policies and practices promoted by CEQ, OMB, and OSTP have been 

contrary to sound science. These policies and practices have led to the current dangerous levels 

of atmospheric CO2, dangerous interference with a stable climate system, and violations of 

Plaintiffs’ constitutional rights. Specifically, the policies and practices continue to allow 

dangerous levels of carbon pollution and, at best, promise very modest future limitations and no 

near-term CO2 phase out, as is required to preserve a stable climate system capable of sustaining 

human life. 

102. Defendant Brenda Mallory is the current Director of CEQ, and in her official 

capacity is responsible for all actions of CEQ.

103. Defendant Shalanda Young is the current Acting Director of OMB, and in her

official capacity is responsible for all actions of OMB.

104. Defendant Eric Lander is the current Director of OSTP, and in his official 

capacity is responsible for all actions of OSTP.

Deleted: Presidential 

Deleted: President’s strategy both 

Deleted: s

Deleted: habitable climate system

Deleted: Matt Lee-AshleyChristy Goldfuss

Deleted: ActingManaging

Deleted: hiser

Deleted: Rob FairweatherShaun Donovan

Deleted: his

Deleted: Kei KoizumiDr. John Holdren

Deleted: Acting 

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105. Defendant the United States Department of Energy (“DOE”) is a federal 

agency whose mission is to advance the national, economic, and energy security of the United 

States through clean, reliable, and affordable energy; to protect the environment; and to 

encourage innovations in science and technology that improve the quality of life. DOE’s 

mission statement is to “ensure America’s security and prosperity by addressing . . . 

environmental . . . challenges through transformative science.” DOE through the Office of Fossil 

Energy issues short-term and long-term authorizations for the import and export of natural gas 

pursuant to authority granted by Congress under the Natural Gas Act of 1938, 15 U.S.C. § 717, 

as amended by section 201 of the Energy Policy Act of 1992, Pub. L. No. 102-486, § 201, 106 

Stat. 2776, 2866. DOE permits domestic energy production and interstate commerce of fossil 

fuels pursuant to authority granted by Congress under the Department of Energy Organization 

Act of 1977, 42 U.S.C. § 7112. DOE through the Office of Energy Efficiency and Renewable 

Energy, regulates the minimum number of light duty alternative fuel vehicles required in certain 

federal fleets pursuant to authority granted by Congress under the Energy Policy Act of 1992. 

DOE, through the Building Technology Office, also sets energy efficiency standards, which 

dictate energy consumption rates for appliances and equipment pursuant to authority granted by 

Congress under The Energy Policy and Conservation Act, 42 U.S.C. § 6201, as amended. 

a. The Federal Energy Regulatory Commission (“FERC”), an agency of 

DOE, regulates the transmission and sale of electricity and natural gas in 

interstate commerce; regulates the transportation of oil by pipeline in 

interstate commerce; reviews proposals for natural gas terminals, 

pipelines, and storage facilities; ensures the safe operation and reliability 

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of proposed and operating LNG terminals; and monitors and investigates 

energy markets. 

106. DOE has knowingly failed to perform its duty to transition our nation away from 

the use of fossil fuel energy. DOE’s actions and omissions have substantially contributed to 

unsafe levels of atmospheric CO2 and a dangerous climate system.

107. DOE, through the Office of Fossil Energy, issued DOE/FE Order No. 3041,

granting long-term multi-contract authorization to export liquefied natural gas by vessel from the 

Jordan Cove LNG Terminal in Coos Bay. 

108. Defendant Jennifer Granholm is the current Secretary of Energy and, in her

official capacity, is responsible for all actions of DOE.

109. Defendant the United States Department of the Interior (“DOI”) manages onefifth of our nation’s land, including forests and grazing lands, thirty-five thousand miles of 

coastline, and 1.76 billion acres of the Outer Continental Shelf. DOI’s mission is to protect 

America’s natural resources and heritage, honor cultures and tribal communities, and supply the 

energy to power the future of our country. DOI claims to be taking the lead in protecting our

nation’s resources from climate impacts and in managing federal public lands to mitigate climate 

change.

110. DOI, through the Bureau of Land Management (“BLM”), leases minerals and 

manages oil and gas development activities on over 570 million acres of federal lands, as well as 

on private lands where the federal government retained mineral rights, pursuant to the authority 

granted by Congress in the Mineral Leasing Act of 1920, 30 U.S.C. § 182, as amended, and the 

Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1719(a). BLM and other federal 

agencies manage most of the land suitable for oil and gas development in the U.S. 

Deleted: Dr. Ernest Moniz

Deleted: his

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111. DOI, through the Bureau of Ocean Energy Management (“BOEM”), leases the 

Outer Continental Shelf, the submerged lands, subsoil, and seabed, lying between the seaward 

extent of the jurisdiction of the States and the seaward extent of Federal jurisdiction, for oil and 

gas development pursuant to authority granted by Congress under the Outer Continental Shelf 

Lands Act of 1953, 43 U.S.C. § 1333(a), as amended. As of January 2015, BOEM was 

administering more than 6,000 active oil and gas leases covering nearly 33 million Outer 

Continental Shelf acres. Pursuant to authority granted by Congress under the Energy Policy Act 

of 2005, Pub. L. No. 109-58, 119 Stat. 594, 760, DOI repealed the 160-acre cap on coal leases, 

allowed the advanced payment of royalties from coal mines, and provided incentives to 

companies to drill for oil in the Gulf of Mexico. 

112. Through its policies and practices in permitting the extraction of coal, coal-bed 

methane, oil, oil-shale and natural gas, and oil, coal and electric infrastructure and transmission 

facilities, and logging, livestock grazing, and off-road vehicle use on public land, the DOI is

substantially contributing to dangerous levels of atmospheric CO2 and a dangerous climate 

system in our Nation. 

113. Defendant Deb Haaland is the current Secretary of Interior and, in her official 

capacity, is responsible for all actions of DOI. 

114. Defendant the United States Department of Transportation (“DOT”) is a 

federal agency overseeing this Nation’s aviation, road, highway, railway, truck, and marine 

transportation infrastructure. DOT’s regulations of emissions related to that infrastructure play a 

vital role in the Federal Government’s response to climate change. 

a. DOT, through the Federal Aviation Administration, the Federal Highway 

Administration, and the Pipeline and Hazardous Materials Safety 

Deleted: action 

Deleted: n

Deleted: Scott de la VegaSally Jewell

Deleted: Acting 

Deleted: hisher

Deleted: n

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Administration, oversees and regulates the spending programs that finance 

construction and maintenance of our nation’s transportation infrastructure, 

pursuant to authority granted by Congress under the Department of 

Transportation Act of 1966, 49 U.S.C. § 305, as amended.

b. DOT, through the National Highway Traffic Safety Administration, sets 

fuel economy standards for U.S. vehicle manufacturers, pursuant to 

authority granted by Congress under the Energy Policy and Conservation 

Act of 1975, Pub. L. No. 94–163, § 301, 89 Stat. 902, 903, 905, as 

amended by the Energy Independence and Security Act of 2007, 49 

U.S.C. § 32902. 

115. With the power to regulate the means of transportation throughout our country, 

DOT has the responsibility to ensure that all modes of transportation use only clean energy and 

eliminate dangerous carbon pollution. Further, DOT permits the transport of fossil fuels via 

truck and rail. DOT’s stated mission is to “[enhance] the quality of life of the American people, 

today and into the future.” DOT acknowledges the severity of the threats of climate change, yet 

continues to facilitate the severity of climate change impacts by contributing approximately 27%

of U.S. CO2 emissions in 2013. 

116. Defendant Pete Buttigieg is the current Secretary of Transportation and, in his 

official capacity, is responsible for all DOT policies and practices.

117. Defendant the United States Department of Agriculture (“USDA”) is a federal 

agency whose vision statement expresses the agency’s goal to preserve and conserve our nation’s 

natural resources. USDA’s mission statement states that it will use the best available science as 

it carries out its responsibilities in caring for natural resources. USDA has authority over our 

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nation’s food and agriculture, as well as many natural resources, including national forests, 

which serve the vital role of absorbing CO2 from our atmosphere—commonly referred to as 

“carbon sequestering.” 

a. USDA, through the U.S. Forest Service, authorizes 25% of U.S. coal 

production.

b. The U.S. Forest Service, along with BLM, coordinates and authorizes the 

leasing of federal public lands for the extraction of oil and gas pursuant to 

authority granted by Congress under the Mineral Leasing Act of 1920, as 

amended by both the Federal Onshore Oil and Gas Leasing Reform Act, 

and the Mineral Leasing Act for Acquired Lands. The U.S. Forest 

Service, in conjunction with BLM, issues leases and mining permits for 

coal mining development and oversees coal mining on federal public lands 

pursuant to authority granted by Congress, under the Mineral Leasing Act 

of 1920, as amended, and the Surface Mining Control and Reclamation 

Act of 1977, 30 U.S.C. § 1273. 

c. USDA’s Forest Service Minerals & Geology Management division 

manages and oversees aspects of the development and production of 

energy and mineral resources, including authorizing ancillary projects 

such as roads and pipelines that are part of the energy and minerals 

development projects of USDA. 

d. USDA has substantially contributed to and continues to substantially 

contribute to a dangerous climate system by permitting large-scale logging 

in national forests, by supporting polluting farming and agricultural 

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practices, and by authorizing fossil fuel extraction and use under its 

jurisdiction. USDA has not protected the nation’s National Forest System 

as a carbon sink.

118. Defendant Thomas J. Vilsack is the current Secretary of Agriculture and, in his 

official capacity, is responsible for all actions of the USDA.

119. Defendant the United States Department of Commerce (“Commerce”) is a 

federal agency that is supposed to promote sustainable development. Commerce has authority 

over the monitoring equipment for greenhouse gas (“GHG”) emissions, giving it direct oversight 

of our nation’s industries and emissions pursuant to authority granted by Congress under Title 15 

of the United States Code. 

a. Commerce, through National Institute of Standards and Technology, 

oversees research in energy efficiency opportunities for homes and 

companies nationwide. 

b. Commerce, through the International Trade Administration’s Office of 

Energy and Environmental Industries, promotes fossil fuel export 

opportunities, including identifying for the fossil fuel industry oil and gas 

markets where export activities can make the biggest impact, pursuant to 

authority granted by Congress, under the Reorganization Plan No. 3 of 

1979. 

c. Commerce, through the Bureau of Industry and Security (“BIS”), 

authorizes and administers the rules governing crude oil exports pursuant 

to 15 C.F.R. § 754.2. BIS issues permits to export crude oil to all 

destinations, including Canada. 

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d. Commerce, through the National Oceanic and Atmospheric 

Administration, is charged with overseeing the preservation and protection 

of the oceans and the atmosphere pursuant to authority granted by 

Congress under the Reorganization Plan No. 4 of 1970. 

e. Commerce has abrogated its duty to preserve and protect the atmosphere 

and other natural resources under its jurisdiction and has not prevented the 

waste of the public trust in the atmosphere and oceans. 

120. Defendant Gina Raimondo is the current Secretary of Commerce and, in her 

official capacity, is responsible for all actions of Commerce.

121. Defendant the United States Department of Defense (“DOD”) is a federal 

agency charged with ensuring the security of this nation. DOD considers climate change a threat 

multiplier for its potential to exacerbate many challenges confronting our nation, including 

infectious disease, regional instability, mass migrations, and terrorism. Climate change has 

impacted and will continue to impact all military installations, as well as the DOD’s supply 

chains, equipment, vehicles, and weapon systems. 

a. DOD is our nation’s largest employer and is responsible for significant 

carbon pollution from both its vehicle fleet, and its 500 bases of military 

infrastructure, including 300,000 buildings totaling 2.2 billion square feet. 

b. For all exports of coal, oil, and gas by ship, the DOD’s Army Corps of 

Engineers authorizes marine export facilities, pursuant to the Clean Water 

Act and the Rivers & Harbors Act. The Army Corps of Engineers also 

maintains international navigation channels, including the navigation 

channel at Coos Bay, pursuant to authority granted by Congress under the 

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Rivers & Harbors Act. Such exports endanger the climate system on 

which our nation and plaintiffs alike depend. 

122. Defendant Lloyd Austin is the current Secretary of Defense and, in his official 

capacity, is responsible for all actions of DOD.

123. Defendant the United States Department of State (“State Department”) is a 

federal agency whose stated mission is to “shape and sustain a peaceful, prosperous, just, and 

democratic world and foster conditions for stability and progress for the benefit of the American 

people and people everywhere.” The State Department plays a lead role in Defendants’ response 

to climate change. The State Department prepared the 2014 U.S. Climate Action Report, which 

states that the Federal Government is “committed to continuing enhanced action . . . to lead the 

global effort to achieve a low-emission, climate resilient future.” 

a. The State Department leads international efforts on climate change on 

behalf of the Office of the President. 

b. The State Department, through the Office of the Special Envoy for 

Climate Change is the Administration’s chief climate negotiator. In 2009, 

Special Envoy for Climate Change Todd Stern stated: “The costs of 

inaction—or inadequate actions—are unacceptable. But along with this 

challenge comes a great opportunity. By transforming to a low-carbon 

economy, we can stimulate global economic growth and put ourselves on 

a path of sustainable development for the 21st century.” 

c. The Secretary of State receives all applications for Presidential Permits for 

the construction, connection, operation, or maintenance, at the borders of 

the United States, of facilities for the exportation or importation of 

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petroleum, petroleum products, coal, or other fuels, including hazardous 

liquids to or from a foreign country, and is required to issue a Presidential 

Permit if such exportation would serve the national interest, under 

Executive Order 13337, and pursuant to 3 U.S.C. § 301. Specifically, the 

State Department has jurisdiction over all cross-border oil pipelines, and 

in the last decade has been considering and approving longer cross-border 

projects, including those transporting oil sands crude, otherwise known as 

tar sands. All petroleum products entering and leaving the U.S. by pipeline 

do so under State Department approval. Currently there are at least 13 

active Presidential Permits for oil pipelines. The State Department has 

consistently approved such permits, even though it has full authority and 

discretion to deny them where fossil fuel projects endanger the nation by 

causing or enhancing dangerous climate change.

124. Defendant Antony Blinken is the current Secretary of State and, in his official 

capacity, is responsible for all actions of the State Department.

125. Defendant the United States Environmental Protection Agency (“EPA”) 

permits and regulates the activities, industries, and sources of carbon pollution in the U.S. under 

the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, 

Compensation, and Liability Act, the Safe Drinking Water Act, and the Resource Conservation 

and Recovery Act. The stated mission of the EPA is to protect human health and the 

environment and ensure that the Federal Government’s actions to reduce environmental risks are 

based on the best available science. EPA sets CO2 standards for power plants, which account for 

our nation’s largest source of CO2 emissions at 37% of U.S. annual emissions. EPA has 

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authorized, and continues to authorize installations and activities that emit prodigious amounts of 

CO2, which authorizations dangerously disrupt and fail to preserve a habitable climate system –

in violation of Plaintiffs’ fundamental rights. 

a. EPA, through the Office of Ground Water and Drinking Water and the 

Office of Science and Technology, exempts oil and gas producers from 

certain requirements of the Safe Drinking Water Act (thereby easing 

regulatory burdens to oil and gas development), pursuant to authority 

granted by Congress, under the Energy Policy Act of 2005. 

126. EPA abrogated its duty to implement its 1990 Plan, entitled “Policy Options 

for Stabilizing Global Climate,” to reduce CO2 emissions (a pollutant under its jurisdiction) in 

line with the best available science, and continues to allow CO2 emissions in excess of what is 

necessary for climate stability.

127. That failure is not allayed by EPA’s August 3, 2015 final “Clean Power Plan” 

because CO2 emissions reductions projected under the “Clean Power Plan” do not even approach 

the rate required to preserve a habitable climate system. First, the “Clean Power Plan” affects 

emissions only in the power sector. Second, the “Clean Power Plan” aims for power plant 

emissions reductions of only approximately 32% from 2005 levels by full implementation in 

2030. Those power plant emission reductions from 2005 levels would achieve only an 8-10% 

reduction in total U.S. emissions by 2030. The annualized emissions reduction rate is thus, even 

accepting EPA’s biased math, approximately 1.25% per year, a reduction rate that is a fifth of 

that minimally required to preserve a habitable climate system. Moreover, nearly half of the 

EPA-asserted emission reduction was already realized in the 2005-2014 period, namely before

the “Clean Power Plan” was finalized. Furthermore, upon information and belief, the “Clean 

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Power Plan” will allow fossil fuel-fired power units to continue to operate and will encourage 

increased investment in, utilization, and reliance on natural gas (whose principle constituent, 

methane, is a highly potential greenhouse gas). The “Clean Power Plan,” moreover, does 

nothing to halt or otherwise diminish fossil fuel extraction, production, and exportation in the 

United States, fails even to return U.S. emissions to 1990 levels, and continues to allow CO2

emissions far in excess of what is minimally required to secure a stable climate system. EPA’s 

“Clean Power Plan,” accordingly, is not an adequate or proportionally appropriate response to 

the climate crisis. By allowing emissions to continue at dangerous levels, EPA continues to 

jeopardize the climate system on which Plaintiffs depend, now and in the future.

128. Defendant Michael Regan is the current Administrator of EPA and, in his official 

capacity, is responsible for all actions of EPA.

129. Pursuant to its policies and practices that make up the national energy system, 

Defendants have permitted, authorized, and subsidized the extraction, production, transportation, 

and utilization of fossil fuels through aggregate actions across the U.S. (and beyond). 

Defendants retain authority to limit or to deny that extraction, production, transportation, and 

utilization of fossil fuels, and otherwise to limit or prohibit their emissions. The vastness of our

nation’s fossil fuel enterprise renders it infeasible for Plaintiffs to challenge every instance of 

Defendants’ violations and, even if feasible, challenging each of Defendants’ actions would 

overwhelm the court. Nonetheless, Defendants’ liability arises from the policies and practices 

that make up Defendants’ national energy system. The national energy system has substantially 

caused the present climate crisis and Plaintiffs’ injuries. 

130. Director Brenda Mallory, Acting Director Shalanda Young, Director Eric Lander, 

Secretary Jennifer Granholm, Secretary Deb Haaland, Secretary Pete Buttigieg, Secretary 

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Deleted: Acting 

Deleted: her

Deleted: in part 

Deleted: their aggregate actions

Deleted: Those actions 

Deleted: ve

Deleted: They form the predicate for Plaintiffs’ allegations 

that current and new fossil fuel projects, to the extent they 

will further raise atmospheric CO2 levels, infringe upon 

Plaintiffs’ constitutional rights.

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Thomas J. Vilsack, Secretary Gina Raimondo, Secretary Lloyd Austin, Secretary Antony 

Blinken, and Administrator Michael Regan, through their respective offices, departments, and 

agencies, CEQ, OMB, OSTP, DOE, DOI, DOT, USDA, Commerce, DOD, State Department, 

and EPA, are primarily responsible for the United States’ energy system through authorizing, 

permitting, and incentivizing fossil fuel production, consumption, transportation, and 

combustion, causing the atmospheric CO2 concentration to increase to at least 400 ppm and, 

thus, substantial harm to Plaintiffs. Defendants have failed to preserve a habitable climate 

system for present and future generations, and instead have created dangerous levels of 

atmospheric CO2 concentrations. The national energy system and the affirmative aggregate acts, 

omissions, and policies and practices of Defendants that make up the national energy system,

jointly and severally, have violated and continue to violate Plaintiffs’ fundamental constitutional 

rights to freedom from deprivation of life, liberty, and property; Plaintiffs’ constitutional rights 

to equal protection; Plaintiffs’ unenumerated inherent and inalienable natural rights; and 

Plaintiffs’ rights as beneficiaries of the federal public trust.

STATEMENT OF FACTS

I. THE FEDERAL GOVERNMENT HAS KNOWN FOR DECADES THAT CARBON DIOXIDE

POLLUTION WAS CAUSING CATASTROPHIC CLIMATE CHANGE AND THAT MASSIVE 

EMISSION REDUCTIONS AND A NATION-WIDE TRANSITION AWAY FROM FOSSIL FUELS 

WAS NEEDED TO PROTECT PLAINTIFFS’ CONSTITUTIONAL RIGHTS.

131. As early as 1899, scientists understood that CO2 concentrations in the atmosphere 

cause heat retention on Earth and that a doubling or tripling of the CO2 content in 1899 would 

significantly elevate Earth’s surface temperature. Scientists also understood that CO2 was the 

determinative factor for global heating. By the turn of the 20th Century, it was widely accepted

in the scientific community that increasing the atmospheric concentration of CO2 could cause 

global climate change. 

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Deleted: Jane NishidaGina McCarthy

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132. By 1965, the Executive Branch reported that anthropogenic pollutants, including 

CO2, impair our nation’s economy and its quality of life. In the 1965 Report of President 

Lyndon Johnson’s Scientific Advisors, “Restoring the Quality of Our Environment,” the White 

House confirmed that anthropogenic pollutants, including CO2, threaten “the health, longevity, 

livelihood, recreation, cleanliness and happiness of citizens who have no direct stake in their 

production, but cannot escape their influence.”

133. For fifty years, the Executive Branch has known that “pollutants have altered on a 

global scale the CO2 content of the air” through “the burning of coal, oil and natural gas.” The 

Executive Branch predicted that CO2 “will modify the heat balance of the atmosphere to such an 

extent that marked changes in climate, not controllable th[r]ough local or even national efforts, 

could occur.” The Executive Branch warned that “carbon dioxide [gases] are accumulating in 

such large quantities that they may eventually produce marked climatic change.”

134. Fifty years ago, the Executive Branch described the marked climatic changes 

from CO2 pollution as including the melting of the Antarctic icecap, rising sea levels, warming 

oceans, acidifying waters, and additional releasing of CO2 and methane due to these events. It 

recommended reducing the heating of the Earth because of the extraordinary economic and 

human importance of our climate system.

135. Fifty years ago, the White House recommended that a tax system be implemented 

to tax polluters, including air pollution, “in proportion to their contribution to pollution” to 

incentivize pollution reduction. 

136. In 1969, Patrick Moynihan, then-Adviser to President Nixon, wrote a letter to 

White House counsel John Ehrlichman stating that CO2 pollution resulting from burning fossil 

fuels was a problem perhaps on the scale of “apocalyptic change,” threatening the loss of cities 

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like New York and Washington D.C. from sea level rise. The 1969 Moynihan Letter urged the 

Federal Government to immediately address this threat.

137. In 1978, Congress passed the National Climate Program Act “to establish a 

national climate program that will assist the Nation and the world to understand and respond to 

natural and man-induced climate processes and their implications.” 15 U.S.C. § 2901(3).

138. On June 23, 1988, Plaintiff-Guardian Dr. James Hansen, then Director of NASA’s 

Institute for Space Studies and a leading climate scientist in the Federal Government, testified 

before Congress that carbon pollution in the atmosphere was causing global warming and that 

impacts were already being observed. 

139. Around the time of Dr. Hansen’s testimony, Congress directed its own offices and 

EPA to separately prepare reports on how to stabilize the global climate system and transition 

our country away from the use of fossil fuels. 

140. In response, in December 1990, EPA submitted a report to Congress on “Policy 

Options for Stabilizing Global Climate.” The EPA’s 1990 Report concluded: “responses to 

the greenhouse problem that are undertaken now will be felt for decades in the future, and lack of 

action now will similarly bequeath climate change to future generations.” 

141. The EPA’s 1990 Report called for a 50% reduction in total U.S. CO2 emissions 

below 1990 levels by 2025. EPA explained that such reductions were the only pathway to 

achieve Congress’ goal of stopping global warming and stabilizing the climate system. The

EPA’s 1990 Report also called for stabilizing atmospheric CO2 concentrations at 350 ppm, the 

current level of that time, a response to the congressional objective that total global warming not 

exceed 1.5° C above the preindustrial level. In its 1990 Report, EPA confirmed the Executive 

Branch’s findings from 1965 that CO2 was a “dangerous” pollutant.

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142. In 1991, promptly following EPA’s 1990 Report, the Congressional Office of 

Technology Assessment (“OTA”) delivered to Congress its own report, “Changing By Degrees:

Steps to Reduce Greenhouse Gases.” Finding the United States was the single largest 

contributor to carbon pollution, the OTA’s 1991 Report developed “an energy conservation, 

energy-supply, and forest-management package that can achieve a 20- to 35-percent emissions 

reduction” through a mix of regulatory and market-based federal policies, in order to prevent 

global warming and climate change. OTA reported that, if its “package” was implemented, the 

Federal Government could lower CO2 emissions 35% from 1987 levels by 2015 and possibly 

save the Federal Government $20 billion per year. OTA determined that the 35% necessary 

reduction in CO2 emissions was only the beginning and further efforts in the 21st century would 

be required to stabilize our nation’s climate system. 

143. The OTA’s 1991 Report stated that major reductions of CO2 would require 

significant new initiatives by the Federal Government and must be sustained over decades, even 

before all the scientific certainties are resolved: “[I]t is clear that the decision to limit emissions 

cannot await the time when the full impacts are evident. The lag time between emission of the 

gases and their full impact is on the order of decades to centuries; so too is the time needed to 

reverse any effects.” The OTA’s 1991 Report informed Congress that the level of emission 

reductions needed would require the country to wean itself from fossil fuels. OTA also urged 

that, while global warming was a problem on a global scale, U.S. leadership was critical to 

solving the problem and would seriously impact what happened around the globe.

144. Concluding that actions would be required across the federal government, both 

the EPA’s 1990 Report and the OTA’s 1991 Report concluded that an essential component of 

reducing CO2 emissions was implementing a rising carbon tax.

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145. On October 15, 1992, following receipt of the EPA and OTA Reports, the Senate 

ratified the United Nations Framework Convention on Climate Change (“UNFCCC”). The 

UNFCCC was executed to “protect the climate system for the benefit of present and future 

generations of humankind.” The UNFCCC evidences an “overwhelming weight” of support for 

protection of the atmosphere under the norms and principles of intergenerational equity. 

UNFCCC, Art. 3. The minimal objective of the UNFCCC is the “stabilization of greenhouse gas 

concentrations in the atmosphere at a level that would prevent dangerous anthropogenic 

interference with the climate system. Such a level should be achieved within a time frame 

sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food 

production is not threatened and to enable economic development to proceed in a sustainable 

manner.” UNFCCC, Art. 2.

146. The recommendations in the EPA’s 1990 Report (“Policy Options for Stabilizing 

Global Climate”) and the OTA’s 1991 Report (“Changing By Degrees: Steps to Reduce 

Greenhouse Gases”) were never implemented. U.S. fossil fuel production, consumption, and 

combustion all continued to accelerate at dangerous speeds for decades.

147. On December 7, 2009, nearly 17 years after the United States ratified the 

UNFCCC, the then-Administrator of EPA, Lisa Jackson, issued EPA’s formal endangerment 

finding under the Clean Air Act. The finding stated that current and projected atmospheric 

concentrations of greenhouse gases including, in particular, CO2, threatened the public health 

and welfare of current and future generations. EPA issued its endangerment determination only 

after being compelled to do so by the U.S. Supreme Court in Massachusetts v. EPA, 549 U.S. 

497 (2007).

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148. On January 2, 2011, EPA commenced partial regulation of greenhouse gases 

under the Clean Air Act from mobile and stationary sources of air pollution.

149. More than two decades have passed since the EPA’s 1990 Report and the OTA’s 

1991 Report were issued to Congress. Little has been accomplished in the way of phasing out 

emissions even though, as DOE admits in its strategic plan, “our responsibility to future 

generations is to eliminate most of our carbon emissions and transition to a sustainable energy 

future.” 

150. During the last decade, Defendants have repeatedly stated that allowing “business 

as usual” CO2 emissions will imperil future generations with dangerous and unacceptable 

economic, social, and environmental risks. As Defendants have acknowledged, the use of fossil 

fuels is a major source of these emissions, placing our nation on an increasingly costly, insecure, 

and environmentally dangerous path. 

II. IN SPITE OF KNOWING OF THE SEVERE DANGERS POSED BY CARBON POLLUTION,

DEFENDANTS CREATED AND ENHANCED THE DANGERS THROUGH FOSSIL FUEL 

EXTRACTION, PRODUCTION, CONSUMPTION, TRANSPORTATION, AND EXPORTATION

A. Despite the Known Danger, Defendants Caused Climate Instability and 

Allowed U.S. Fossil Fuel Extraction, Production, Consumption, 

Transportation, and Exportation and Associated Emissions, to Dangerously 

Increase

151. Through its policies, practices, and aggregate acts, the United States has long had 

and continues to have a national energy system that has made fossil energy the dominant form of 

energy used in the United States. In 2014, over 80% of U.S. energy comes from fossil fuels. 

Between 1751 and 2014, the United States has been responsible for emitting 25.5% of the 

world’s cumulative CO2 emissions to the atmosphere from within its borders. Those emissions 

do not account for the embedded emissions in imported goods and materials that are consumed 

in the United States. Defendants enabled and permitted those cumulative emissions. 

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152. In the last fifty years, total U.S. production and consumption of fossil fuels

drastically increased. 

153. Acting with deliberate indifference, Defendants have not implemented, or 

complied with, the EPA’s 1990 Report and the OTA’s 1991 Report to reduce carbon pollution 

from fossil fuels, stop global warming, and protect the climate system for future generations. 

Had Defendants followed the EPA’s 1990 Report and the OTA’s 1991 Report, CO2 emissions

today would be reduced by 35% from 1987 levels. Instead, since 1991, Defendants have

knowingly allowed at least an additional 130,466 million metric tons of CO2 emissions from 

fossil fuel combustion.

154. Accordingly, instead of pursuing their own plans to slash emissions and reduce 

the risk of dangerous climate change, Defendants knowingly acted to exacerbate that risk and 

impose harm on the nation and on Plaintiffs. 

155. Total Fossil fuel production in the U.S. climbed to 65.244 Quadrillion Btu in 

2014, up substantially from such consumption in 1965.

U.S. Primary Energy Production by Source (Quadrillion Btu)

Year Coal Natural Gas Petroleum Fossil Fuels

1965 13.055 15.775 16.521 45.351

1991 21.636 18.229 15.701 55.566

2014 20.287 26.516 18.441 65.244

156. Total Fossil fuel energy consumption in the U.S. climbed to 80.366 Quadrillion 

Btu in 2014, up substantially from such consumption in 1965.

U.S. Primary Energy Consumption by Source (Quadrillion Btu)

Year Coal Natural Gas Petroleum Fossil Fuels

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1965 11.581 15.769 23.246 50.596

1991 18.992 20.033 32.846 71.871

2014 17.991 27.592 34.783 80.366

157. Fossil fuel emissions from energy consumption in the U.S. climbed to 5.4 billion 

metric tons of CO2 in 2014, up substantially from such emissions in 1965.

U.S. CO2 Emissions From Energy Consumption by Source 

(Million Metric Tons of CO2)

Year Coal Natural Gas Petroleum Total Fossil 

Fuels

1965 1,075 828 1,483 3,386

1991 1,807 1,047 2,005 4,859

2014 1,713 1,441 2,249 5,404

158. In 2011, fossil fuel combustion in the U.S. accounted for 94% of CO2 emissions. 

159. The above emissions figures are from U.S. Government sources and, regrettably, 

underreport the amount of emissions that Defendants’ actions have substantially caused. EPA 

uses a sector-based emission inventory, upon which the other Defendants also rely. A sectorbased emission inventory accounts only for in-boundary emissions, and not those attributed to 

embedded emissions – emissions that account for the consumption of goods imported to the U.S.

Defendants have not provided a national consumption-based inventory for CO2 emissions, which 

would include all embedded CO2 emissions for goods produced outside of the U.S. and 

consumed within the U.S. 

160. In 2012, the U.S. was the largest producer of natural gas, producing a total that 

year of 24,058 billion cubic feet (Bcf). Also in 2012, the U.S. was second in “Total Primary 

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Coal Production,” with 1,016,458 thousand short tons; second in “Total Primary Energy 

Production,” producing 79.212 Quadrillion Btu; and second in “Total Primary Energy 

Consumption,” consuming 95.058 Quadrillion Btu.

161. In 2014, according to the United States Energy Information Administration 

(“EIA”), the U.S. was the largest producer of total petroleum and other liquids with 13,973 

thousand barrels produced per day. 

162. The U.S. is by far the dominant producer of both shale gas and tight oil in the 

world. Also, the U.S. is one of four countries in the world that is producing commercial volumes 

of either natural gas from shale formations (shale gas) or crude oil from shale formations (tight 

oil).

163. The aggregate actions by Defendants in allowing fossil fuel production, 

consumption, and emissions to increase in the U.S. since 1965 ignored science driven 

considerations of climate system protection. These aggregate actions were taken with deliberate 

indifference to the need for a national carbon budget or a national plan that includes an analysis 

of the cumulative impacts of Defendants’ actions upon the climate system and with respect to the 

fundamental rights of the present and future generations. 

B. Defendants Have Allowed Excessive Fossil Fuel Production on Federal 

Public Lands.

164. In 2013, 25% of all fossil fuels extracted in the U.S. originated on federal public 

lands.

165. In 2014, Defendant United States, through the President, DOI through BLM, 

DOD through Army Corps of Engineers, and EPA, authorized and oversaw the sale of 421 

million tons of coal from federally-leased lands.

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166. Since January 1990, DOI through BLM has leased 107 coal tracts, and associated 

coal production and revenues have grown. In 2015, the BLM reported that approximately 40% of 

all coal produced in the United States comes from federal lands. The United States has more 

coal deposits available than any other fossil fuel resource within its borders and, as of 2015, has 

28% of the world’s coal reserves.

167. In 1985, there were 18,849 recorded federal producing oil and gas leases issued 

by DOI through BLM. By 2014 there were 23,657 recorded federal producing oil and gas leases 

issued by DOI through BLM.

168. As of June 2014, DOI’s BLM has authorized approximately 47,000 oil and gas 

leases on public lands, and approximately 95,000 oil and gas wells, with an additional 3,000 

wells drilled annually by the oil and gas industry. The BLM oversees approximately 700 million 

subsurface acres of mineral estate. There are currently 36 million acres of federal land under 

lease for potential fossil fuel development in 33 states, pursuant to DOI’s BLM authorization.

169. From 2009-2011, the President and DOI through BLM processed more 

applications for permits to drill oil and gas, despite receiving far fewer applications, than the 

prior administration from 2006-2008. 

170. Since 1985, DOI through BLM has issued between 1,486 to 6,617 permits 

annually to drill on federal lands. BLM has approved approximately 99% of all received 

applications for permits to drill, without taking into consideration that such permits would 

endanger Plaintiffs or increase Plaintiffs’ susceptibility to harm.

C. Defendants Subsidize the Fossil Fuel Industry

171. In addition to leasing federal public lands for fossil fuel exploitation, the United 

States subsidizes, funds, and subsidizes fossil fuel production and consumption.

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172. The United States subsidizes the fossil fuel industry by undervaluing royalty rates 

for federal public leasing, as well as through royalty relief resulting in the loss of billions of 

dollars of foregone revenue. U.S. royalty rates are consistently less than state royalty rates. For 

example, Texas’s royalty rate for leasing is double the federal percentage. 

173. Through eleven federal fossil fuel production tax provisions, the United States 

incurs approximately $4.7 billion in annual revenue costs. Through a fossil fuel consumption 

subsidy, the United States annually forgoes approximately $3.4 billion in revenue.

174. The United States provides approximately $5.1 billion per year in tax provision 

subsidies to support fossil-fuel exploration.

175. Two tax code provisions for the benefit of the fossil fuel enterprise were 

introduced in the early 1900s. These provisions are still in place today, resulting in substantial 

revenue losses. The “intangible drilling costs” provision was introduced in 1916, 26 U.S.C. § 

263(c); in 1926 the “percentage depletion allowance” provision was introduced, 26 U.S.C. § 613.

176. According to the International Monetary Fund (“IMF”), the United States is the 

world’s top subsidizer of fossil fuels, in absolute terms, in the amount of $502 billion per year, 

which includes the IMF’s accounting of negative externalities.

177. The United States has supported fossil fuel development through overseas public 

financing, primarily through the Export-Import Bank of the United States, an agency of the 

Office of the President. For example, through the Export-Import Bank of the United States, the 

Office of the President provided $14.8 billion in commitments for 78 transactions or projects in 

the petroleum sector, including 49 transactions in Latin American, 14 in Africa, six in 

Russia/FSU, five in the Middle East, and four in Asia. In fiscal year 2010, the Export-Import 

Bank of the United States provided approximately $3 billion in financing for the Papua New 

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Guinea LNG Project or Papua New Guinea Liquefied Natural Gas Project and $18 million for 

the Sangatta Surface Coal Mine in Indonesia. The Export-Import Bank of the United States also 

supported numerous coal and gas power plants.

178. The United States supports fossil fuel development by allowing the fossil fuel 

industry to avoid the true social cost of CO2 emissions from fossil fuels. Based on EPA’s social 

cost of carbon estimates, CO2 emissions from fossil fuels have the potential to cause trillions of 

dollars in damages.

D. Defendants Recklessly Allow Interstate and International Transport 

of Fossil Fuels

179. Despite knowledge of the harm to Plaintiffs caused by the CO2 emissions from 

fossil fuels, Defendants recklessly allow all interstate transport of fossil fuels. Despite 

knowledge of the harm to Plaintiffs caused by the CO2 emissions from fossil fuels, Defendants 

recklessly authorize and/or permit the exportation and importation of fossil fuels and/or the 

facilities allowing the exports and imports of fossil fuels. 

180. The Office of the President exercises permitting authority over the construction 

and operation of “pipelines, conveyor belts, and similar facilities for the exportation or 

importation of petroleum, [and] petroleum products.” President Obama has failed to dismantle 

the U.S. fossil fuel edifice, adding an additional 100,000 miles to the 2.5 million miles of oil and 

gas pipelines within the nation.

181. A presidential exemption or federal license is required for all exports of crude oil 

to all destinations. In 2014, DOE oversaw the importation of 2,677,911 thousand barrels of 

crude oil, and Commerce through BIS authorized the exportation of 126,152 thousand barrels of 

crude oil, both increases from 2013.

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182. No natural gas can be exported or imported without DOE authorization through 

FERC. FERC permits all LNG export terminals, including Jordan Cove LNG Terminal. Since 

1995, the U.S. has imported 71,730 Bcf of natural gas and exported 14,623 Bcf. In 2014, 

through DOE’s authorization, 51,824 thousand barrels of natural gas plant liquids and liquefied 

refinery gases were imported and 257,948 thousand barrels of natural gas plant liquids and 

liquefied refinery gases were exported. 

183. Although in 1975 Congress authorized the Office of the President to restrict coal 

exports under the Energy Policy and Conservation Act of 1975, 42 U.S.C. § 6212(a), the 

President has not exercised this authority to impose any significant export restrictions on coal. In 

fact, since 1990, the United States has promoted expanding coal exports. Coastal facilities 

through which coal may be exported are subject to federal approvals. In the Pacific Northwest

alone, three new marine coal terminal projects are under various stages of federal permitting and 

review.

184. In 2011, the U.S. exported 107 million short tons of coal. In 2012, U.S. coal 

exports totaled 125 million short tons, the highest level of coal exports in over twenty years. 

Most recently, in 2014 the EIA reported that the U.S. imported 11 million short tons of coal and 

exported 97 million short tons of coal.

E. Defendants Recklessly Allow CO2 Pollution From Combustion of Fossil Fuels

185. Either directly or through the control of the Federal Government, Defendants 

authorize the combustion of all fossil fuels in the U.S., including coal, oil, and gas. Such 

combustion occurs primarily in the energy and refineries sector, the transportation sector, and the 

manufacturing sector. 

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186. In 2012, petroleum accounted for 36.5% of the total primary energy consumption 

in the U.S., the single largest source of energy consumption. All U.S. petroleum refineries are 

permitted and regulated by EPA.

187. In 2013, fossil fuel combustion from various industrial processes accounted for 

approximately 15% of total CO2 emissions in the U.S. The EPA regulates these industrial 

processes.

188. The DOE establishes efficiency standards in buildings and appliances. These 

standards affect levels of energy consumption and combustion.

189. Since 1975, through the Corporate Average Fuel Economy (“CAFE”) program, 

the United States has required manufacturers of vehicles sold in the U.S. to comply with fuel 

economy standards set by DOT. By controlling the fuel economy standards, Defendants have 

exercised control over CO2 emissions in the transportation sector.

190. From 1996-2014, through tax breaks, the United States subsidized the purchase, 

and thus increased demand for, vehicles weighing more than 6,000 pounds (“SUVs”). SUVs are 

less fuel-efficient and emit greater quantities of CO2 per mile than lighter-weight vehicles, other 

factors held equal. 

191. In 2012, U.S. CO2 equivalent emissions from transportation were 1,837 million 

metric tons. In 2012, CO2 equivalent emissions from transportation of all vehicles in the U.S., 

including aviation, passenger cars, SUVs, heavy-duty trucks, freight rail, ships, and boats, were

responsible for 28% of total U.S. greenhouse gas emissions.

III. THE JORDAN COVE LNG EXPORTS

192. Enacted in 1992, Section 201 of the Energy Policy Act mandates the authorization 

of natural gas imports from, or exports to, a nation with which the United States has a free trade 

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agreement, without modification or delay, to any person applying for such authorization. 

Accordingly, under the Energy Policy Act, such natural gas imports and exports are 

automatically deemed consistent with the public interest. 15 U.S.C. § 717b(c). 

193. Pursuant to Section 201 of the Energy Policy Act, on December 7, 2011, DOE, 

through the Office of Fossil Energy, issued DOE/FE Order No. 3041, granting long-term multicontract authorization to Jordan Cove Energy Project, L.P. to export liquefied natural gas from 

Jordan Cove LNG Terminal in Coos Bay, Oregon, to free trade agreement nations. The DOE/FE 

Order authorizes the export of up to 13,140 Bcf of natural gas over 30 years. That quantity of 

natural gas would result in approximately 716.2 million metric tons of CO2 emissions, more than

all of the CO2 emitted in 2012 by our nation’s largest emitter, Texas. 

194. Jordan Cove will be operational in the first quarter of 2018, according to the Vice 

President of the Jordan Cove Energy Project, LLC, seven years after receiving its export 

authorization from DOE.

195. Pursuant to its authorization, the Jordan Cove LNG L.P. has given notice to DOE 

that, by the end of 2015, even before it has all final approvals from other agencies, it will enter

into “binding long-term liquefaction tolling service agreements” for the full liquefaction capacity 

of the export terminal.

196. The sources of natural gas for Jordan Cove LNG’s exports authorized by DOE 

include suppliers operating in the Rocky Mountain region of the U.S., western Wyoming, 

northwestern Colorado, northern Utah, northern Nevada, and northern California. 

197. In a letter of support for Jordan Cove LNG Terminal exports, Governor John 

Hickenlooper of Colorado wrote to DOE and FERC: “Jordan Cove is of specific interest to 

Colorado . . . The project terminal is the only LNG facility on the west coast that would directly 

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link Colorado to new energy markets via the Ruby Pipeline which originates in northwest 

Colorado and carries natural gas from that region to states further west of Colorado.”

198. Jordan Cove LNG will liquefy this natural gas for export at its proposed LNG 

export terminal in Coos Bay, Oregon. Jordan Cove plans to build a new power plant to provide 

the additional electricity needed to liquefy the natural gas for export. The proposed 420-MW 

South Dunes Power Plant would be the second-largest single source of greenhouse gas emissions 

in Oregon and would be the largest single source of CO2 emissions in Oregon in 2020 if it were

built. The Jordan Cove South Dunes Power Plant would emit 51.6 million tons of CO2 over 30 

years, or 1.72 million tons of CO2 per year.

199. According to the EIA, liquefying natural gas requires the energy equivalent of

10% of the gas being exported.

200. The CO2 emissions resulting from the Jordan Cove LNG Terminal exports and the 

South Dunes Power Plant emissions will harm Youth Plaintiffs who live in and around Oregon, 

as well as Future Generation Plaintiffs, by further endangering the climate system. 

201. Youth Plaintiffs who live in Colorado are also adversely impacted by the opening 

up of an international market for the export of natural gas being extracted through hydraulic 

fracturing in the State of Colorado, and in the Rocky Mountain region of the U.S. generally, and 

then shipped by pipeline to Oregon for liquefaction and export abroad, ultimately to be burned, 

thereby causing additional CO2 emissions. The Youth Plaintiffs from Colorado and Oregon are 

harmed by the fossil fuel exploitation in and running through their states, which will be 

connected by the Pacific Connector Natural Gas Pipeline and 3,900 mile gas transmission system 

crossing the states of Washington, Oregon, Idaho, Wyoming, Utah, and Colorado.

IV. CURRENT SCIENCE ON GLOBAL CLIMATE CHANGE AND OCEAN ACIDIFICATION

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202. There is a scientific consensus that climate change endangers humanity and 

nature. Present climate change is a consequence of anthropogenic GHGs, primarily CO2, derived 

from the combustion of fossil fuels. The fossil fuel emissions have led to an energy imbalance 

and consequent dangerous disruption of the climate system upon which our nation and Plaintiffs 

depend.

203. Atmospheric CO2 levels greater than 350 ppm cause this energy imbalance. That 

energy imbalance is now approximately 0.6 Watts/m2 averaged over the entire planet, equivalent 

to exploding more than 400,000 Hiroshima atomic bombs per day, 365 days per year, throughout 

our planet.

204. The 2014 National Climate Assessment acknowledged that “[t]he cumulative 

weight of the scientific evidence . . . confirms that climate change is affecting the American 

people now, and that choices we make will affect our future and that of future generations.”

205. Greenhouse gases in the atmosphere act like a blanket over the Earth, trapping 

energy received from the sun. More GHG emissions in the atmosphere means that more energy 

is retained on Earth, with less being radiated back into space. 

206. A substantial portion of every ton of CO2 emitted by humans persists in the 

atmosphere for as long as a millennium or more. Therefore, the impacts associated with past and 

current CO2 emissions will be borne by our children and future generations. Our nation will 

continue to warm in response to concentrations of CO2 from past emissions, as well as future 

emissions. 

207. The current level of atmospheric CO2 concentration caused by human-made 

climate change has already taken our country into the danger zone. 

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208. In 2013, the atmospheric CO2 concentration exceeded 400 ppm for the first time 

in recorded history. The pre-industrial concentration was 280 ppm. Emissions must be rapidly 

and systematically reduced to well below the natural rate of draw-down into Earth’s forests, 

soils, and crust in order to restore energy balance and avoid crossing tipping points that set in 

motion disastrous impacts to human civilization and nature.

209. March 2015 was the first month that the monthly global average concentration of 

CO2 was 400 ppm for an entire month, reaching levels that have not been seen for about three 

million years. CO2 concentrations have risen more than 120 ppm since pre-industrial times, with 

half of that rise occurring since 1980.

210. Earth has now warmed about 0.9°C above pre-industrial temperatures. That 

temperature is equivalent to the maximum temperatures of the Holocene era, the period of 

climate stability over the last 10,000 years that enabled human civilization to develop. Warming 

is expected to hit 1°C in 2015-16.

211. Civilization and the water sources, crops, foods, wildlife, marine life, and 

coastlines on which people depend have developed within a very narrow set of climatic 

conditions. It will be nearly impossible for Plaintiff to adapt to all of the current climate change 

impacts in the quick time-frame in which they will occur. The survival and well-being of 

Plaintiffs is significantly threatened by climate destabilization.

212. Declaring the United States’ energy system to be unconstitutional would resolve 

the controversy between the parties. Defendants would abide by the decree and bring the energy 

system into constitutional compliance, thereby redressing a substantial cause of Youth Plaintiffs’ 

constitutional injuries and eliminating a source of their significant risk of sustaining worsening 

injuries. Any “[f]urther or proper relief” that may be granted based on the declaratory judgment, 

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22 U.S.C. § 2202, regarding Defendants’ national energy system policies and practices would 

further aid in reducing the earth’s energy imbalance, the severity of the Youth Plaintiffs’ injuries, 

the severity of Defendants’ disruption of the climate system, and the severity and pace of ocean 

acidification, within the lifetimes of Youth Plaintiffs.

V. EXISTING IMPACTS OF CLIMATE CHANGE ACROSS THE NATION

213. Climate change is already damaging human and natural systems, causing loss of 

life and pressing species to extinction. Unless arrested by government action informed by 

science, climate change will impose increasingly severe impacts on our nation and others, 

potentially to the point of collapse.

214. Recent scientific reports, for example, warn of the disintegration of both the West 

Antarctic ice sheet and the East Antarctic ice sheet, causing multi-meter sea-level rise. Such will 

devastate coastal regions, including much of the eastern seaboard. Millions of Americans and 

trillions of dollars in property damage will result. The risk of this devastation approaches 

certainty, unless fossil fuel emissions are rapidly phased out. The recent studies more fully than

prior studies account for the potential for non-linear ice sheet melting, which could raise the sea 

level by 10 feet (or more) by mid-century.

215. If carbon pollution is not quickly abated, there is near scientific certainty that 

humanity will suffer sea level rise of several meters, submerging much of the eastern seaboard of 

the U.S., including Florida, as well as other low lying areas of Europe, the Far-East, and the 

Indian sub-continent. 

216. Well-documented and observable impacts from the changes in Earth’s climate 

system highlight that the current level of atmospheric CO2 concentration has already taken our 

nation into a danger zone. Increased CO2 emissions are already resulting not only in the 

Deleted: Cessation of 

Deleted: actions in

Deleted: permitting, authorizing, or otherwise subsidizing 

new fossil fuel projects, along with cessation of government 

actions that limit carbon sequestration in soils and forests, 

could 

Deleted: e

Deleted: our 

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warming of land surfaces, but also in the warming of oceans, increasing atmospheric moisture 

levels, rising global sea levels, and changing rainfall and atmospheric air circulation patterns that 

affect water and heat distribution.

217. One key observable change is the rapid increase in recorded surface temperatures. 

As a result of increased atmospheric CO2 from human activities, our nation has been warming as 

scientists predicted as early as 1965. The increased concentrations of greenhouse gases in our 

atmosphere have raised global surface temperature by approximately 0.9° Celsius. In the last 

thirty years, Earth has been warming at a rate three times faster than that over the previous one 

hundred years. 2014 was the hottest on record, according to the National Aeronautics and Space 

Administration (“NASA”).

218. As expected, our country’s sea levels have also risen from glacial and ice cap 

melting, as well as from the thermal expansion of the ocean itself. Based on measurements taken 

from 1993 to 2010, sea levels have been rising at an average rate of 3.2 millimeters per year. 

Though sea levels rose about 170.18 millimeters (0.2 meters) over the last century, within the 

last decade, the rate of sea-level rise has nearly doubled. Rising seas have caused and will cause 

flooding in coastal and low-lying areas. The combination of rising sea levels and more severe 

storms creates conditions conducive to severe storm surges during high tides. In coastal 

communities this can overwhelm levees and sea walls, as witnessed during Hurricane Katrina, 

Hurricane Sandy, and other major storms.

219. Today, rising sea levels are submerging low-lying lands, eroding beaches, 

converting wetlands to open water, exacerbating coastal flooding, and increasing the salinity of 

estuaries and freshwater aquifers. Between 1996 and 2011, twenty square miles of land were 

inundated by rising sea levels along the Atlantic coast. Coastal states, such as Maryland and 

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Louisiana, are experiencing wetland loss due to rising sea levels. Scientists have predicted that 

wetlands in the mid-Atlantic region of the U.S. cannot withstand a seven-millimeter per year rise 

in sea levels. 

220. Similarly, climate change is already causing, and will continue to result in, more 

frequent, extreme, and costly weather events, such as floods and hurricanes. The annual number 

of major tropical storms and hurricanes has increased over the past 100 years in North America, 

coinciding with increasing temperatures in the Atlantic sea surface. Across the U.S., nine of the 

top ten years for extreme one-day precipitation events have occurred since 1990. 

221. Changes in our country’s water cycle as a result of climate change also increase 

the potential for, and severity of, droughts. Even in arid regions, increased precipitation is likely 

to cause flash flooding, and will be followed by drought. These changes are already occurring. 

Droughts in parts of the Midwestern, Southeastern, and Southwestern U.S. have increased in 

frequency and severity within the last fifty years, coinciding with rising temperatures. Most of 

the recent heat waves can be attributed to human-caused climate disruption.

222. In higher altitude and latitude regions, including in mountainous areas, more 

precipitation is falling as rain rather than snow. With early snow melt occurring because of 

climate change, the reduction in snowpack can aggravate water supply problems. The snow 

cover extent of North America in June 2015 was 0.75 million square miles, the second lowest 

ever recorded behind June 2012, with 0.68 million square miles. The average area of North 

America covered by snow decreased by about 3,500 square miles per year between 1972 and 

2013.

223. Arctic sea ice is declining precipitously and is expected to disappear completely 

in the coming decades. In 2013, Arctic sea ice extent for September was 700,000 square miles 

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below the 1981-2010 average for the same period. In 2014, the Arctic sea ice extent for 

September was 463,000 square miles below average. In 2015, the maximum extent of the Arctic 

sea ice was the lowest in the satellite record. With less sea ice, less solar radiation is reflected 

back to space, a positive feedback loop serving to amplify regional and global warming.

224. Similarly, there has been an increase in permafrost temperatures and melting in 

Alaska. Substantial methane releases from thawing permafrost have already been observed in 

Alaska. Because much of the Alaskan permafrost overlays old peat bogs that sequester methane, 

permafrost melting ill release methane that will further increase global warming to even more 

dangerous levels. CO2 and methane released from thawing permafrost could contribute as much 

as 0.4°F to 0.6°F of warming by 2100.

225. Mountain glaciers are receding nationwide because of warming temperatures. In 

2010, Glacier National Park in Montana had only twenty-five glaciers larger than twenty-five 

acres, as opposed to 150 such glaciers in 1850. In the Brooks Range of northern Alaska, all of 

the glaciers are in retreat and in southeastern Alaska, 98% are in retreat.

226. The melting of mountain glaciers is particularly serious in areas that rely on snow 

melt for irrigation and drinking water supply. In effect, a large snow pack or glacier acts as a 

supplemental reservoir or water tower, holding a great deal of water in the form of ice and snow 

through the winter and spring and releasing it in the summer when rainfall is lower or absent. 

The water systems of the western U.S., particularly in California and Oregon, heavily rely on this 

natural water storage. Yet as temperatures warm, not only will these areas lose this supplemental 

form of water storage, but severe flooding is also likely to increase as rainfall accelerates the 

melting of glaciers and snow packs.

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227. Changes in water supply and water quality will also impact agriculture in the U.S. 

Increased heat and associated issues such as pests, crop diseases, and weather extremes, will all 

impact crop and livestock production and quality. For example, anthropogenic climate change in 

the U.S. has produced warmer summers, enabling the mountain pine beetle to produce two 

generations of beetles in a single summer season, where it had previously only been able to 

produce one. In Alaska, the spruce beetle is maturing in one year when it had previously taken 

two years. The expansion of the forest beetle population has killed millions of hectares of trees 

across the U.S. and resulted in millions of dollars lost from decreased tourism revenues.

228. Agriculture is extremely susceptible to climate change, threatening food security.

Higher temperatures generally reduce yields of desirable crops while promoting pest and weed 

proliferation. Climate change is predicted to decrease crop yields, increase crop prices, decrease 

nationwide calorie availability, and increase malnutrition.

229. Increased wildfires, shifting precipitation patterns, higher temperatures, and 

drought conditions also threaten forest industries and private property. In the U.S., 72,000 

wildfires have been recorded, on average, each year since 1983. Nine of the ten years with the 

largest acreage burned have occurred in the fourteen years since 2000.

230. Increased CO2 emissions are having a severe negative impact on the health of our 

oceans. The oceans absorb approximately 25-30% of global CO2 emissions, resulting in a 30% 

increase in surface ocean acidity. 

231. Ocean acidification has been rising at a geologically unprecedented rate. 

Currently, acidity is rising at least 100 times faster than at any other period during the last 

100,000 years, threatening marine life, including human food sources. Organisms at risk 

include: corals, oysters, clams, scallops, mussels, abalone, crabs, geoducks, barnacles, sea 

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urchins, sand dollars, sea stars, sea cucumbers, many common single-celled organisms and 

protists that act as prey, and various forms of seaweed. The loss of some of these species can 

cause entire food webs to collapse.

232. By 2100, the surface waters of the ocean could be nearly 150% more acidic, 

resulting in a pH that the oceans have not experienced for more than 20 million years. In recent 

years, ocean acidification has already contributed to oyster reproductive failures impacting the 

Pacific Northwest’s shellfish industry, including oyster harvests in Coos Bay, Oregon. In 

addition, warmer water in regional estuaries, such as Puget Sound, may contribute to a higher 

incidence of harmful blooms of algae linked to paralytic shellfish poisoning and may result in 

adverse economic impacts from beach closures affecting recreational harvesting of shellfish, 

such as razor clams.

233. The rise in ocean acidity places coral reefs at considerable risk. Given that coral 

reefs are among the most biologically diverse and economically important ecosystems, the 

impact of their loss cannot be overstated. Coral reefs provide shelter to a quarter of all marine 

species.

234. For major U.S. coral reefs, projections show extensive bleaching and dramatic 

loss of shallow coral cover occurring by 2050, and near complete loss by 2100. In Hawai‘i, coral 

cover is projected to decline from 38% (current coral cover) to approximately 5% by 2050, with 

further declines thereafter. In Florida and Puerto Rico, where present-day temperatures are 

already close to bleaching thresholds, coral is projected to disappear even faster. Given the 

severity of these impacts, it is inevitable that these effects would be felt across our country, and 

by future generations.

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235. Climate change and ocean acidification are threatening the survival and wellbeing 

of plants, fish, wildlife, and biodiversity. As many as one in six species are threatened with 

extinction due to climate change. Many more species that do not face extinction will face 

changes in abundance, distributions, and species interactions that cause adverse impacts for 

ecosystems and humans. 

236. Salmon have historically been associated with human society and been a major 

contributor to the economy. Due to physical changes to freshwater ecosystems resulting from 

climate change, salmon populations have declined significantly across the country. The 

optimum water temperature for salmonids is 55° to 64° Fahrenheit; massive fish kills have 

occurred at or above 71° Fahrenheit. As of 2015, four salmon species in eighteen locations are 

on NOAA’s Endangered and Threatened Marine Species list; in five locales they are extinct. 

Scientists from the Salmon 2100 Project, housed in an EPA research laboratory in Oregon, have 

predicted that, despite current recovery efforts, salmon runs are not likely to sustain themselves 

through 2100 and other recovery strategies must be adopted to combat climatic shifts.

237. Fossil fuel extraction and combustion, and the resulting climate change, is already 

contributing to an increase in allergies, asthma, cancer, cardiovascular disease, stroke, heatrelated morbidity and mortality, food-borne diseases, injuries, toxic exposures, mental health and 

stress disorders, and neurological diseases and disorders. Climate change threatens the basic 

requirements for maintaining health like clean air, pure water, sufficient food, and adequate 

shelter. It also increases occurrence of infectious diseases. 

238. In the U.S., 8,000 Americans have died from heat-related illnesses over the last 

three decades. There are now twice as many Lyme disease cases than were reported in 1991. In 

the past three decades, the percentage of Americans with asthma has more than doubled, and 

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climate change is putting those Americans at greater risk of requiring hospitalization. Longer 

growing seasons allow for ragweed to produce pollen for a longer period, resulting in aggravated 

and prolonged allergies for millions of Americans.

239. Climate change also harms our national security, adding tension even in stable 

regions of the world. The DOD acknowledged the severity of climate change and its connections 

to national security when, in its 2014 Quadrennial Defense Review, climate change was

classified as a “threat multiplier”: “Pentagon leaders have identified three main ways that climate 

change will affect security; accelerating instability in parts of the world wracked by drought, 

famine, and climate-related migrations; threatening U.S. military bases in arid Western states or 

on vulnerable coastlines; and increasing the need for U.S. forces to respond to major 

humanitarian disasters.”

240. By 2025, 40% of the world’s population will be living in countries experiencing 

significant water shortages, while sea-level rise could cause displacement of tens, or even 

hundreds, of millions of people. As a result, the U.S. will experience an additional need to 

accept immigrant and refugee populations as droughts increase and food production declines in 

other countries. Increased extreme weather events (such as hurricanes) will also present an 

increased strain on foreign aid provided by the U.S. and materially increased deployment of our 

country’s military forces. 

241. Our nation is already observing significant impacts from the relatively small 

amount of warming that has occurred. These impacts constitute harbingers of far more 

dangerous changes to come. If unabated, continued GHG emissions, especially CO2, will initiate 

dynamic climate change and effects that spin out of control for Plaintiffs and future generations 

as the planet’s energy imbalance triggers amplifying feedbacks and the climate system and 

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biological system pass critical tipping points. Such changes would be irreversible on any time 

scale relevant to Plaintiffs and threaten their survival. 

VI. FUTURE NATIONAL CLIMATE IMPACTS EXPECTED BY 2050 AND 2100

242. By 2050, Youth Plaintiffs will range in age from 43 to 55.

243. By 2100, global mean sea level rise is projected to be at 56 inches, if sea level rise 

occurs linearly. Based on that global projection, it is predicted that the U.S. will experience a 

56-65 inch sea level rise on the East Coast, up to a 76-87 inch sea level rise in areas surrounding 

the Gulf of Mexico, and a 47-65 inch sea level rise along the West Coast. Sea level rise could be 

even more catastrophic depending upon the rate of disintegration of the Antarctic ice sheets. Sea

level rise will result in increased erosion and the loss of land. In Washington and Oregon, more 

than 140,000 acres of coastal lands lie within 40 inches in elevation of high tide. Among the 

most vulnerable parts of the coast is the heavily populated south Puget Sound region, which 

includes Olympia, Tacoma, and Seattle, Washington. 

244. New scientific evidence demonstrates that a non-linear process could trigger 

much greater sea level rise in a time frame of 50 to 200 years. 

245. Global temperature increases are projected to increase by 9° Fahrenheit by 2100. 

In the U.S., the largest temperature increases are expected in the Mountain West and Northern 

regions consisting of 14° and 12° Fahrenheit, respectively. 

246. In an EPA-funded study, “Ensemble Projections of Wildfire Activity and 

Carbonaceous Aerosol Concentrations Over the Western United States in the Mid-21st Century,” 

scientists estimated that, by 2050, wildfire activity is expected to double in the Southwest, 

Pacific Northwest, Rocky Mountains Forest, and the Eastern Rockies/Great Plains regions. In 

the western U.S., increases in temperature are projected to cause an increase of 54% in annual 

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mean area burned by 2050 relative to the present day. Changes in area burned are ecosystem 

dependent, with the forests of the Pacific Northwest and Rocky Mountains experiencing the 

greatest increases of 78% and 175%, respectively. Increased area burned results in near doubling 

of wildfire carbonaceous aerosol emissions by midcentury. The increase in wildfires and the 

associated emissions will have harmful impacts on health. Polar bears are just one of the species 

listed as endangered due to the impacts of a changing climate on their habitat. If emissions 

continue to rise at current rates throughout the 21st century, polar bears will likely be extirpated 

from much of their present-day range, including Alaska’s North Slope Borough. Sea ice, which 

polar bears depend upon to access their prey, is projected to disappear by 2100. Experts project 

there will be massive species extinction this century.

247. Human-induced warming, if business continues as usual, is projected to raise 

average temperatures by about 6° to 11° Fahrenheit in this century. Heat waves would then

increase in frequency, severity, and duration. For example, by the end of this century, if 

Defendants do not dramatically reduce emissions, the number of heat-wave days in Los Angeles 

is projected to double, and the number of heat-wave days in Chicago to quadruple, resulting in 

many more deaths. 

248. While potential climate change impacts on water resources vary between regions, 

the western states will be particularly impacted by drought, reduced precipitation, increased 

evaporation, and increased water loss from plants. 

249. Warmer temperatures particularly impact the Pacific Northwest because reduced 

snowpack and earlier snowmelt alter the timing and amount of water supplies. By 2050, 

snowmelt is projected to shift three to four weeks earlier than the 20th century average. Since 

earlier snowmelt will result in warmer and shallower rivers and streams in summer and fall, 

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diseases and parasites that tend to flourish in warmer water threaten to eliminate up to 40% of 

remaining Northwest salmon populations by 2050.

250. By 2050, biologists conservatively expect decreases in salmon populations will 

lead to 11% to 14% less annual carcass biomass available to bald eagles, our country’s national 

bird. 

251. Defendants, through the Department of Homeland Security, have acknowledged 

mass human migrations are a potential impact of climate change, and have developed a mass 

migration plan. Estimates put the number of climate-induced migrants worldwide at 200 million 

by 2050. 

252. Climate change projections estimate an increase in monetary damages associated 

with inland flooding across most of the contiguous U.S. Approximately 190,000 of our nation’s

bridges are vulnerable to increased inland flooding caused by climate change, with adaptation 

costs estimated at $170 billion for the period from 2010 to 2050. In the Northwest, a region 

including Washington and parts of Oregon and Idaho, 56% of inland bridges are identified as 

vulnerable in the second half of the 21st Century. 

253. In 2100 alone, adaptation costs associated with the 50-year, 24-hour storm 

moniker in 50 U.S. cities are estimated to range from $1.1 to $12 billion. Further, climate 

change is projected to result in $5.0 trillion in damage to coastal properties in the contiguous 

U.S. through 2100. 

254. Due to extreme temperature increases and unsuitable working conditions, our 

nation’s labor force may experience a drastic decline in labor hours and lost wages. In 2100, a 

projected 1.8 billion labor hours will be lost along with approximately $170 billion in lost wages. 

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255. By 2050, climate change is expected to add thousands of additional premature 

deaths per year nationally from combined ozone and particle health effects. Higher surface 

temperatures, especially in urban areas, promote the formation of ground–level ozone, which has

adverse impacts on human health by irritating the respiratory system, reducing lung function, 

aggravating asthma, and inflaming and damaging cells that line the airways. Climate change is 

expected to increase the frequency of high ozone pollution events by 50% to 100% by 2050.

VII. RESTORING THE ENERGY BALANCE AND PROTECTING AGAINST A DANGEROUS 

DESTABILIZED CLIMATE SYSTEM IS POSSIBLE BASED ON BEST AVAILABLE SCIENCE

256. An urgent and critical undertaking is required to protect the climate system and 

cause a cessation of Defendants' infringement of Plaintiffs' constitutional rights. Defendants 

must act rapidly and effectively to phase out CO2 emissions so as to restore Earth’s energy 

balance. Absent such immediate action, the Federal Government must cease permitting and 

authorizing fossil fuel projects so as not to exacerbate the climate crisis and further infringe on 

Plaintiffs’ constitutional rights. 

257. Global atmospheric CO2 concentrations must be reduced to below 350 ppm by the 

end of the century in order to limit the period of CO2 overshoot and stabilize our climate system. 

258. To reduce global atmospheric CO2 concentrations to 350 ppm by the end of this 

century would require a near-term peak in CO2 emissions and a global reduction in CO2

emissions of at least 6% per year, alongside approximately 100 gigatons of carbon drawdown 

this century from global reforestation and improved agriculture. 

259. Reducing the global atmospheric CO2 concentration to 350 ppm by the end of the 

century is also necessary in order to protect oceans and marine life. As a result of CO2

emissions, of which approximately 25% are absorbed by the oceans, humans, marine organisms, 

and ecosystems are already harmed and will increasingly be harmed by ocean acidification. To 

Deleted: If emissions had peaked and reductions had 

begun in 2005, only a 3.5% per year global reduction would 

have been necessary to reach 350 ppm by 2100. If 

significant annual emission reductions are delayed until 

2020, a 15% per year reduction rate will be required to reach 

350 ppm by 2100. If such reductions are delayed beyond 

2020, it might not be possible to return to 350 ppm until 

2500 Or beyond.

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prevent the further impairment or depletion of the oceans and oceanic resources, it is imperative 

that Defendants take immediate measures to return atmospheric CO2 concentrations to below 350 

ppm by the end of this century.

260. Targets that aim to limit atmospheric CO2 concentrations at or below 450 ppm are 

insufficient to avoid severe, irreversible damage as a result of ocean acidification and ocean 

warming. For example, the weight of recent evidence establishes that, at a prolonged 450 ppm 

level, coral reefs will become extremely rare, if not extinct, and at least half of coral-associated 

wildlife will become either rare or extinct. As a result, coral reef ecosystems will likely be 

reduced to crumbling frameworks with few calcareous corals remaining.

261. Current actions by Defendants will not yield atmospheric CO2 levels of 350 ppm 

by the end of the century, are not based on any scientific standard, and are not adequate to

prevent and remedy the degradation, diminution, or depletion of our country’s public trust 

resources.

262. Defendants’ national energy system makes it extremely difficult for Plaintiffs to 

protect their vital natural systems and a livable world. Defendants must act immediately to

restore Earth’s energy balance and put the nation on a trajectory that is consistent with reducing 

the atmospheric CO2 concentrations to no more than 350 ppm by 2100. 

VIII. THE FEDERAL GOVERNMENT’S ADMISSIONS OF ITS PUBLIC TRUSTEE OBLIGATIONS

263. Defendants are trustees of national public natural resources. The national public 

natural resources include the air (atmosphere), seas, shores of the sea, water, and wildlife.

264. In 1968, Congress declared that the Federal Government has “continuing 

responsibility” to “use all practicable means” so as to “fulfill the responsibilities of each 

generation as trustee of the environment for succeeding generations.” 42 U.S.C. § 4331(b)(1).

Deleted: The actions and omissions of 

Deleted: and implement a plan to 

Deleted: , if adhered to by other major emitters, will 

reduce 

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265. Congress also declared that the Federal Government is among the “trustees for 

natural resources” and directed Defendants to act as trustees, on behalf of the public 

beneficiaries, of all natural resources under their management and control. 42 U.S.C. § 9607 

(f)(1); see also 33 U.S.C. § 2706 (Oil Pollution Act).

266. Pursuant to Congressional direction, the President designated the following 

federal agencies to act on behalf of the public as trustees for natural resources: the USDA, 

Commerce, DOD, DOE, and DOI. In this context, the term natural resources “means land, fish, 

wildlife, biota, air, water, ground water, drinking water supplies, and other such resources 

belonging to, managed by, held in trust by, appertaining to, or otherwise controlled (referred to 

as ‘managed or controlled’) by the United States (including the resources of the exclusive 

economic zone).” 40 C.F.R. § 300.600(a); see 42 U.S.C. § 9607 (f)(2)(A).

267. According to the National Research Council, “fisheries within federal waters are 

held in public trust for the people of the United States.”

268. According to the U.S. Commission on Ocean Policy, “the U.S. government holds 

ocean and coastal resources in the public trust – a special responsibility that necessitates 

balancing different uses of those resources for the continued benefit of all Americans.”

269. According to NOAA, it “has an obligation to conserve, protect, and manage living 

marine resources in a way that ensures their continuation as functioning components of marine 

ecosystems, affords economic opportunities, and enhances the quality of life for the American 

public.” Further, NOAA affirmed that air is a natural resource under the public trust doctrine, 

and that the Federal Government shares jurisdiction with states over such public trust resources. 

270. NOAA admits that one principle of the public trust doctrine is: “The public has 

fundamental rights and interests in natural resources such as the sea, the shore, and the air.” 

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271. The DOI admits that the public trust doctrine “now encompasses all natural 

resources,” and that natural resources include “land, fish, wildlife, biota, air, water, ground 

water, drinking water supplies and other such resources belonging to, managed by, held in trust 

by, appertaining to, or otherwise controlled by the U.S.” The DOI admits that the “Department 

of the Interior, Department of Commerce (delegated to NOAA), Department of Energy, 

Department of Agriculture, Department of Defense, and any other Federal Land Managing 

Agency” are “Federal Trustees.”

272. The State Department admitted “an obligation to current and future generations to 

take action” on climate change.

273. The United States has taken the position before federal courts that the Federal 

Government is a trustee over important national natural resources, including wildlife, and has 

both rights and obligations under the public trust doctrine. 

274. By way of example, in a 2010 complaint filed against British Petroleum, the 

United States alleged: “Natural resources under the trusteeship of the United States and other 

sovereigns have been injured, destroyed, or lost as a result of discharged oil and associated 

removal efforts. The discharged oil is harmful to natural resources exposed to the oil, including 

aquatic organisms, birds, wildlife, vegetation, and habitats.”

275. Since 1965, Defendants have known they each have mandatory duties to abate 

CO2 pollution from fossil fuels in order to stop global climate change: “The pervasive nature of 

pollution, its disregard of political boundaries including state lines, the national character of the 

technical, economic and political problems involved, and the recognized Federal responsibilities 

for administering vast public lands which can be changed by pollution, for carrying out large 

enterprises which can produce pollutants, for preserving and improving the nation’s natural 

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resources, all make it mandatory that the Federal Government assume leadership and exert its 

influence in pollution abatement on a national scale.”

276. Defendants have exerted their influence, control, custodianship, and sovereignty 

over the polluted atmosphere and the exploitation of fossil fuels, but they have not abated the 

harm. Because Defendants have put Plaintiffs in danger and increased Plaintiffs’ susceptibility 

to harm, Defendants are responsible for taking action to protect Plaintiffs. In fact, Defendants

have exacerbated the harm to our atmosphere in violation of Plaintiffs’ constitutional rights.

276-A. This Court should issue a declaratory judgment to resolve this actual 

constitutional case and controversy between these young Plaintiffs and the government 

Defendants as to whether Defendants’ national energy system has violated and continues to 

violate Plaintiffs’ constitutional rights as described herein. Until the Court resolves this 

constitutional controversy, these young Plaintiffs will continue to be harmed and put at extreme 

risk by Defendants’ energy system and Defendants will continue policies and practice, made up 

of many aggregate actions, to perpetuate an unconstitutional energy system, avoiding the 

constitutional check of Article III courts, and undermining the separation of powers that the 

Framers intended. Without declaratory relief in the first instance, Defendants will be free to, and 

will, continue its policies and practices that make the nation’s energy system in a manner that 

“may hasten an environmental apocalypse” and carry out “the Nation’s willful destruction.” 

Declaratory judgment will eliminate the current and substantial legal controversy and inform the 

parties of the unlawfulness or lawfulness of the government’s conduct, especially as to whether 

Defendants’ conduct causes a deprivation of rights secured by the Constitution. It has long been 

held that there is an expectation in our democracy that government officials will comply with a 

declaratory judgment. Utah v. Evans, 536 U.S. 452, 463-64 (2002). If the constitutional 

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controversy is resolved in their favor by declaratory judgment, Plaintiffs reserve the right to seek 

further relief as deemed appropriate and consistent with the separation of powers between the 

three branches of government. Plaintiffs come before this Court to defend and secure their 

fundamental rights under the Constitution, before it is too late.

CLAIMS FOR RELIEF

First Claim for Relief 

Violation of the Due Process Clause of the Fifth Amendment

277. Plaintiffs hereby re-allege and incorporate by reference each of the allegations set 

forth above.

278. The Constitution recognizes and preserves the fundamental right of citizens to be 

free from government actions that harm life, liberty, and property. These inherent and 

inalienable rights reflect the basic societal contract of the Constitution to protect citizens and 

posterity from government infringement upon basic freedoms and basic (or natural) rights. The 

rights to life, liberty, and property have evolved and continue to evolve as technological 

advances pose new threats to these fundamental rights and as new insights reveal discord 

between the Constitution’s central protections and the conduct of government. As set forth in the 

Preamble of the Constitution, these rights belong to present generations as well to our “Posterity” 

(or future generations). 

279. Our nation’s climate system, including the atmosphere and oceans, is critical to 

Plaintiffs’ rights to life, liberty, and property. Our nation’s climate system has been, and 

continues to be, harmed by Defendants. Defendants harmed our nation’s climate system with 

full appreciation of the results of their acts. Plaintiffs’ substantive Fifth Amendment rights have 

been infringed because Defendants’ national energy system is a substantial factor in causing 

atmospheric CO2 to rise to levels that dangerously interfere with a stable climate system required 

Deleted: Defendants directly caused

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alike by our nation and Plaintiffs. The present CO2 concentration and continuing CO2 emissions

– a function, in substantial part, of Defendants’ historic and continuing permitting, authorizing, 

and subsidizing of fossil fuel extraction, production, transportation, and utilization – endangers

Plaintiffs’ lives, liberties, and property.

280. For the past fifty years, Defendants have known about the danger to Plaintiffs’ 

safety created by carbon pollution. Acting with full appreciation of the consequences of their 

acts, Defendants knowingly caused, and continue to cause, dangerous interference with our 

atmosphere and climate system. Defendants have knowingly endangered Plaintiffs’ health and 

welfare by approving and promoting fossil fuel development, including exploration, extraction, 

production, transportation, importation, exportation, and combustion, and by subsidizing and 

promoting this fossil fuel exploitation. All of these deliberate actions by Defendants have 

cumulatively resulted in dangerous levels of atmospheric CO2, which deprive Plaintiffs of their 

fundamental rights to life, liberty, and property. 

281. Plaintiffs are suffering harm by the dangerous aggregate actions and deliberate 

omissions of Defendants. Defendants’ dangerous interference with a stable climate system is 

having such irreversible and catastrophic consequences as to shock the conscience. The conduct, 

if not fundamentally altered, will have even worse consequences for future generations.

282. The affirmative aggregate acts of Defendants have been and are infringing on 

Plaintiffs’ right to life by causing dangerous CO2 concentrations in our nation’s atmosphere and 

dangerous interference with our country’s stable climate system. 

283. The affirmative aggregate acts of Defendants have been and are infringing on 

Plaintiffs’ liberties by placing Plaintiffs in a position of danger with a destabilized climate 

system and dangerous levels of CO2 in our country’s atmosphere. Defendants’ aggregate acts of 

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increasing CO2 concentrations in the atmosphere have been and are harming Plaintiffs’ dignity, 

including their capacity to provide for their basic human needs, safely raise families, practice 

their religious and spiritual beliefs, maintain their bodily integrity, and lead lives with access to 

clean air, water, shelter, and food. 

284. After knowingly creating this dangerous situation for Plaintiffs, Defendants 

continue to knowingly enhance that danger by allowing fossil fuel production, consumption, and 

combustion at dangerous levels, thereby violating Plaintiffs’ substantive Fifth Amendment due 

process rights.

285. After placing Plaintiffs in a position of climate danger, Defendants have 

continued to act with deliberate indifference to the known danger they helped create and 

enhance. A destabilized climate system poses unusually serious risks of harm to Plaintiffs’ lives 

and their bodily integrity and dignity. As described at length, supra, these risks are so 

substantial as to shock the conscience. Defendants have had longstanding, actual knowledge of 

the serious risks of harm and have failed to take necessary steps to address and ameliorate the

known, serious risk to which they have exposed Plaintiffs. With deliberate indifference, 

Defendants have not implemented their own plans for climate stabilization or any other 

comprehensive policy measures to effectively reduce CO2 emissions to levels that would 

adequately protect Plaintiffs from the dangerous situation of climate destabilization.

286. By exercising sovereignty over the air space, the federal public domain, and the 

national energy system, by assuming authority and regulatory responsibility over fossil fuels, and 

by allowing and permitting fossil fuel production, consumption, and its associated CO2 pollution, 

Defendants have also assumed custodial responsibilities over the climate system within its 

jurisdiction and influence. In assuming control of our nation’s atmosphere, air space, the federal 

Deleted: and 

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domain, national energy system, fossil fuels, and climate system, Defendants have imposed 

severe limitations on Plaintiffs’ freedom to act on their own behalf to secure a stable climate

system and, therefore, have a special relationship with Plaintiffs, and a concomitant duty of care 

to ensure their reasonable safety. By and through the national energy system resulting in 

dangerous interference with a stable climate system, Defendants have abrogated their duty of 

care to protect Plaintiffs’ fundamental rights to life, liberty, and property. In their custodial role, 

Defendants have failed to protect Plaintiffs’ needs with respect to the climate system in violation 

of the Fifth Amendment.

287. Furthermore, Defendants’ national energy system, if not fundamentally altered 

without delay, will effect a complete taking of some of Plaintiffs’ property interests by virtue of 

the sea level rise that is an incident of Defendants’ unlawful actions.

288. The United States, through DOE, is depriving Plaintiffs of their fundamental 

rights to be free from the dangerous government acts, which infringe on their fundamental rights 

to life, liberty, and property, by requiring and giving approval for the exportation and 

importation of natural gas resources in the U.S. through section 201 of the Energy Policy Act of 

1992. The extraction, interstate transport, liquefaction, exportation, and ultimate combustion of 

U.S. natural gas, facilitated by section 201 of the Energy Policy Act, increase carbon pollution 

and exacerbate already-dangerous climate instability. Section 201 of the Energy Policy Act is 

unconstitutional on its face and as applied to Plaintiffs through DOE’s issuance of the section 

201 permit for Jordan Cove LNG Terminal in Coos Bay, Oregon. The Energy Policy Act and 

DOE’s actions taken pursuant to the Energy Policy Act deprive Plaintiffs of their fundamental 

rights to life, liberty, and property.

Deleted: their affirmative acts

Deleted: acts

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289. The affirmative aggregate acts of Defendants in the areas of fossil fuel extraction, 

production, transportation, importation and exportation, and consumption, as described in this 

Complaint, are causing dangerous concentrations of CO2 in the atmosphere and a dangerous 

climate system, and irreversible harm to the natural systems critical to Plaintiffs’ rights to life, 

liberty, and property. The affirmative aggregate acts of Defendants cannot and do not operate to 

secure a more compelling state interest than Plaintiffs’ fundamental rights to life, liberty, and 

property.

WHEREFORE, Plaintiffs pray for relief as more fully set forth below.

Second Claim for Relief 

Violation of Equal Protection Principles 

Embedded in the Fifth Amendment

290. Plaintiffs hereby re-allege and incorporate by reference each of the allegations set 

forth above.

291. Defendants have violated the equal protection principles of the Fourteenth 

Amendment, embedded in the Due Process Clause of the Fifth Amendment.

292. The affirmative aggregate acts of Defendants in the areas of fossil fuel production

and consumption irreversibly discriminate against Plaintiffs’ exercise of their fundamental rights 

to life, liberty, and property, and abridge central precepts of equality. The affirmative aggregate 

acts of Defendants in the areas of fossil fuel production and consumption have caused and are 

causing irreversible climate change. As a result, the harm caused by Defendants has denied 

Plaintiffs the same protection of fundamental rights afforded to prior and present generations of 

adult citizens. The imposition of this disability on Plaintiffs serves only to disrespect and 

subordinate them. The principles of the Equal Protection Clause, which are embedded in the 

Due Process Clause, prohibit the Federal Government’s unjustified infringement of Plaintiffs’ 

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right to be free from Defendants’ aggregate acts that destabilize our nation’s climate system 

whose protection is fundamental to Plaintiffs’ fundamental rights to life, liberty, and property.

Because fundamental rights are at stake and are being infringed by the affirmative aggregate acts 

of Defendants, this Court must apply strict scrutiny for a denial of equal protection of the law.

293. The Fifth Amendment’s Due Process Clause and the Fifth Amendment’s equal 

protection principles are profoundly connected but set forth distinct principles, which are 

implicated here. The reason why a stable climate system is inherent in our fundamental rights to 

life, liberty, and property becomes more clear and compelling because of the grave and 

continuing harm to children that results from discriminatory laws and actions that prevent a 

stable climate system. The application of these dual principles requires strict scrutiny of 

Defendants’ discriminatory laws and actions.

294. Plaintiffs are separate suspect classes in need of extraordinary protection from the 

political process pursuant to the principles of Equal Protection. As evidenced by their 

affirmative aggregate acts, Defendants have a long history of deliberately discriminating against 

children and future generations in exerting their sovereign authority over our nation’s air space 

and federal fossil fuel resources for the economic benefit of present generations of adults. 

Plaintiffs are an insular minority with no voting rights and little, if any, political power or 

influence over Defendants and their actions concerning fossil fuels. Plaintiffs have immutable 

age characteristics that they cannot change. 

295. Future generations do not have present political power or influence, have 

immutable characteristics, and are also an insular minority. 

296. Plaintiffs have no avenues of redress other than this Court, as Plaintiffs cannot 

challenge or alter Defendants’ national energy system. Plaintiffs will disproportionately 

Deleted: the acts of 

Deleted: concerning fossil fuels

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experience the irreversible and catastrophic impacts of an atmosphere and oceans containing 

dangerous levels of CO2 and a dangerous destabilized national climate system. The adults living 

in our country today will not experience the full scope of catastrophic harms that will be 

experienced by Plaintiffs. 

297. For purposes of the present action, Plaintiffs should be treated as protected classes 

because the overwhelming majority of harmful effects caused by the acts of Defendants will 

occur in the future. As Plaintiffs include citizens presently below the voting age and future 

generations, this Court should determine they must be treated as protected classes, and federal 

laws and actions that disproportionately discriminate against and endanger them must be 

invalidated.

298. The affirmative aggregate acts of Defendants reflect a de facto policy choice to 

favor influential and entrenched short-term fossil fuel energy interests to the long-term detriment 

of Plaintiff—precisely the sort of dysfunctional majoritarian outcome that our constitutional 

democratic system is designed to check. Such a check is especially appropriate here because our 

country will soon pass the point where Plaintiffs will no longer be able to secure equal protection 

of the laws and protection against an uninhabitable climate system. 

299. The Energy Policy Act’s mandatory authorization for export and import of natural 

gas discriminates against Plaintiffs by exacerbating already-dangerous levels of atmospheric CO2

and a dangerous climate system, the consequences of which will be irreversible and catastrophic 

in Plaintiffs’ lifetimes. The Energy Policy Act, section 201, creates a disproportionate impact on 

suspect classes. Historical evidence demonstrates Defendants’ discriminatory and intentional acts 

against children and future generations in order to foster the short-term economic and energy 

interests of other classes, including corporations. The Energy Policy Act unconstitutionally 

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deprives minor children and future generations of equal protection of the law because the full 

impacts of excess atmospheric CO2 and the dangerous climate system, resulting from the U.S. 

government-authorized natural gas exports and imports, will be disproportionately imposed upon

minor children, including Youth Plaintiffs, and for millennia by future generations.

300. Section 201 of the Energy Policy Act violates Plaintiffs’ rights of equal protection 

under the law.

301. The affirmative aggregate acts of Defendants unconstitutionally favor the present, 

temporary economic benefits of certain citizens, especially corporations, over Plaintiffs’ rights to 

life, liberty, and property.

WHEREFORE, Plaintiffs pray for relief as more fully set forth below.

Third Claim for Relief 

The Unenumerated Rights Preserved for the People 

by the Ninth Amendment

302. Plaintiffs hereby re-allege and incorporate by reference each of the allegations set 

forth above.

303. Protecting the vital natural systems of our nation for present and future 

generations is fundamental to our scheme of ordered liberty and is deeply rooted in this nation’s 

history and tradition. Without a stable climate system, both liberty and justice are in peril. Our 

nation’s obligation to protect vital natural systems for Posterity has been recognized throughout 

American history, particularly through our country’s conservation legislation. Our nation’s 

founders intended that the federal government would have both the authority and the 

responsibility to be a steward of our country’s essential natural resources. This stewardship is 

clear from the delegation of powers to manage lands and the conveyed authority to address major 

challenges facing our nation as a whole. Among the implicit liberties protected from 

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government intrusion by the Ninth Amendment is the right to be sustained by our country’s vital

natural systems, including our climate system.

304. Fundamental to our scheme of ordered liberty, therefore, is the implied right to a 

stable climate system and an atmosphere and oceans that are free from dangerous levels of 

anthropogenic CO2. Plaintiffs hold these inherent, inalienable, natural, and fundamental rights.

305. The affirmative aggregate acts of Defendants have unconstitutionally caused, and 

continue to materially contribute to, dangerous levels of atmospheric and oceanic CO2 and a 

destabilized climate system.

306. The affirmative aggregate acts of Defendants have infringed, and continue to 

infringe, on Plaintiffs’ fundamental constitutional rights.

WHEREFORE, Plaintiffs pray for relief as more fully set forth below.

Fourth Claim for Relief 

Violation of the Public Trust Doctrine

307. Plaintiffs hereby re-allege and incorporate by reference each of the allegations set 

forth above.

308. Plaintiffs are beneficiaries of rights under the public trust doctrine, rights that are 

secured by the Ninth Amendment and embodied in the reserved powers doctrines of the Tenth 

Amendment and the Vesting, Nobility, and Posterity Clauses of the Constitution. These rights 

protect the rights of present and future generations to those essential natural resources that are of 

public concern to the citizens of our nation. These vital natural resources include at least the air 

(atmosphere), water, seas, the shores of the sea, and wildlife. The overarching public trust 

resource is our country’s life-sustaining climate system, which encompasses our atmosphere, 

waters, oceans, and biosphere. Defendants must take affirmative steps to protect those trust 

resources. 

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309. As sovereign trustees, Defendants have a duty to refrain from “substantial 

impairment” of these essential natural resources. The affirmative aggregate acts of Defendants 

in the areas of fossil fuel production and consumption have unconstitutionally caused, and 

continue to cause, substantial impairment to the essential public trust resources. Defendants 

have failed in their duty of care to safeguard the interests of Plaintiffs as the present and future 

beneficiaries of the public trust. Such abdication of duty abrogates the ability of succeeding 

members of the Executive Branch and Congress to provide for the survival and welfare of our 

citizens and to promote the endurance of our nation.

310. As sovereign trustees, the affirmative aggregate acts of Defendants are 

unconstitutional and in contravention of their duty to hold the atmosphere and other public trust 

resources in trust. Instead, Defendants have alienated substantial portions of the atmosphere in 

favor of the interests of private parties so that these private parties can treat our nation’s 

atmosphere as a dump for their carbon emissions. Defendants have failed in their duty of care as 

trustees to manage the atmosphere in the best interests of the present and future beneficiaries of 

the trust property, including, but not limited to, Plaintiffs. Such abdication of duty abrogates the 

sovereign powers of succeeding members of the Executive Branch and Congress to provide for 

the survival and welfare of our Nation’s citizens and to promote the endurance of our Nation.

Deleted: WHEREFORE, Plaintiffs pray for relief as 

more fully set forth below.¶

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for relief as set forth below:

1. Pursuant to 28 U.S.C. § 2201 and this Court’s Article III authority, enter a judgment 

declaring the United States’ national energy system that creates the harmful 

conditions described herein has violated and continues to violate the Fifth 

Amendment of the U.S. Constitution and Plaintiffs’ constitutional rights to 

substantive due process and equal protection of the law;

2. Pursuant to 28 U.S.C. § 2201 and this Court’s Article III authority, enter a judgment 

declaring the United States’ national energy system that creates the harmful 

conditions described herein has violated and continues to violate the public trust 

doctrine;

3. Pursuant to 28 U.S.C. § 2201 and this Court’s Article III authority, enter a judgment 

declaring that § 201 of the Energy Policy Act has violated and continues to violate the 

Fifth Amendment of the U.S. Constitution and Plaintiffs’ constitutional rights to 

substantive due process and equal protection of the law.

4. Pursuant to this Court’s declaratory judgment, 28 U.S.C. § 2202, and this Court’s 

Article III authority, if deemed necessary, just and proper, issue an appropriate 

injunction restraining Defendants from carrying out policies, practices, and 

affirmative actions that render the national energy system unconstitutional in a 

manner that harms Plaintiffs;

5. Award Plaintiffs their costs and reasonable attorneys’ fees; 

Deleted: 

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6. Pursuant to 28 U.S.C. § 2202 and this Court’s Article III authority, grant such other 

and further relief as the Court deems just and proper, to redress the constitutional 

violations so declared.

Respectfully submitted this 9th day of March, 2021,

s/ Julia A. Olson

JULIA OLSON (OR Bar 062230) 

julia@ourchildrenstrust.org

Our Children’s Trust

1216 Lincoln Street

Eugene, OR 97401

Tel: (415) 786-4825

PHILIP L. GREGORY (pro hac vice)

pgregory@gregorylawgroup.com

Gregory Law Group

1250 Godetia Drive

Redwood City, CA 94062

Tel: (650) 278-2957

ANDREA K. RODGERS (OR Bar 041029)

andrea@ourchildrenstrust.org

Our Children’s Trust

3026 NW Esplanade

Seattle, WA 98117

Tel: (206) 696-2851

Attorneys for Plaintiffs

Deleted: “[W]hen the rights of persons are violated, 

‘the Constitution requires redress by the courts,’ 

notwithstanding the more general value of democratic 

decisionmaking.” Obergefell v. Hodges, 576 U.S. ____, 

slip. op. at 24 (2015) (internal citations omitted).¶

Deleted: 1.➝Declare that Defendants have violated and are 

violating Plaintiffs’ fundamental constitutional rights to life, 

liberty, and property by substantially causing or contributing 

to a dangerous concentration of CO2 in the atmosphere, and 

that, in so doing, Defendants dangerously interfere with a 

stable climate system required by our nation and Plaintiffs 

alike; ¶

2.➝Enjoin Defendants from further violations of the 

Constitution underlying each claim for relief; ¶

3.➝Declare the Energy Policy Act, Section 201, to be 

unconstitutional on its face;¶

4. ➝Declare DOE/FE Order No. 3041, granting longterm multi-contract authorization to Jordan Cove Energy for 

LNG exports from its Coos Bay terminal, to be 

unconstitutional as applied and set it aside;¶

5. Declare Defendants’ public trust violations and enjoin 

Defendants from violating the public trust doctrine 

underlying each claim for relief;¶

6.➝Order Defendants to prepare a consumption-based 

inventory of U.S. CO2 emissions;¶

7.➝Order Defendants to prepare and implement an

enforceable national remedial plan to phase out fossil fuel 

emissions and draw down excess atmospheric CO2 so as to 

stabilize the climate system and protect the vital resources on 

which Plaintiffs now and in the future will depend;¶

8.➝Retain jurisdiction over this action to monitor and 

enforce Defendants’ compliance with the national remedial 

plan and all associated orders of this Court; and¶

¶

9.➝Grant such other and further relief as the Court deems 

just and proper. ¶

Deleted: 10th

Deleted: September, 2015

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