Don’t deprive children the joy of seeing whales

November 5, 2014

  • 149E Environmental Law
  • 149EXIII Judicial Review or Intervention
  • 149Ek649 Persons Entitled to Sue or Seek Review;  Standing
  • 149Ek656 Other Particular Parties

11-05-14Minors had interest-injury standing to bring action alleging that State violated its duties under the constitution and public trust doctrine by failing to take steps to protect atmosphere in face of significant and potentially disastrous climate change, notwithstanding fact that climate change affected other people as well; complaint alleged injuries that were specific and personal to the minors, including flooding of village, increase in beetle infestation, deprivation of joy of seeing whales, and recession of glaciers, loss of salmon habitat, and decline of animals, that threatened native traditions, culture, and livelihood, and dismissal of lawsuit because all possible citizen viewpoints could not be represented was not required.

Kanuk ex rel. Kanuk v. State, Dept. of Natural Resources, 2014 WL 4494394, (Alaska, 2014)