Wed, 27 Sep 2023

PORTLAND, Ore. (CN) - A federal judge agreed Thursday to let youth climate activists continue a 2015 suit that accuses the government of subjecting them and future generations to the devastating effects of climate change.

U.S. District Judge Ann Aiken took up the the case on remand from the Ninth Circuit after the appeals court had found that the plaintiffs failed to demonstrate redressability, a requirement to establish Article III standing, and that their case should be dismissed as a result.

The plaintiffs - led by young climate activists between the ages of 8 and 19 at the time of filing - responded with a motion to amend, arguing they can show redressability through the U.S. Supreme Court's 2021 decision in Uzuegbunam v. Preczewski.

Judge Aiken granted such leave Thursday in a 19-page opinion and order.

"Now, plaintiffs contend that permitting amendment will allow plaintiffs to clear the hurdle the Ninth Circuit identified, so that the case may proceed to a decision on the merits," Aiken wrote. "For the reasons explained, this court grants plaintiffs' motion for leave to file a second amended complaint."

This story is developing and will be updated...

Source: Courthouse News Service

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