Nick Caleb on Atmospheric Trust Litigation

Claire and I spoke with Nick Caleb of Our Children’s Trust about youth suing governments for not addressing climate change.  The legal theory is called the Public Trust Doctrine, which holds that certain natural resources are public and must be protected.  The doctrine is generally accepted in contexts such as rivers and navigable waters, and Nick and his colleagues want courts to apply it to the atmosphere.  We talk about the strategy of using kids as plaintiffs, the difficulty for judges in deciding a “political issue,” and how cutting edge legal campaigns such as this one can create social change.

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