Texans for Lawsuit Reform

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In the News

Climate kids’ lawsuits pursue new tack

Reuters, February 10, 2022

Lawyers from Our Children’s Trust (OCT), who are currently litigating about half-a-dozen lawsuits featuring youthful plaintiffs over climate change, the latest of which was filed on Wednesday in Virginia, are pursuing a new tack in their legal campaign to apply the doctrine of public trust to hold governments liable for climate change damages.

The lawsuit filed Wednesday in Richmond state court builds on the group’s recent success in Montana state court, where a similar case will go to trial in February of next year, a milestone for these public-trust-doctrine cases.

Nathan Bellinger, a lawyer with OCT, said that the group’s Virginia complaint is the first to leave out a detailed injunctive request, such as a governmental remedial plan, and rather focus on declaratory relief.

Bellinger said the decision follows recognition that “there’s been some reluctance from the courts to … order the government to do something in particular.”

The Montana case was key in reaching that conclusion, Bellinger said.

In that case, where a dozen young people are suing Montana over an energy policy they claim drives climate change, a judge last year allowed the lawsuit to proceed only after tossing the plaintiffs’ request for injunctive relief, but letting stand a bid for a potential declaration that the policy is unconstitutional.

OCT is also litigating a federal lawsuit by youth plaintiffs who claim the United States’ energy policy harms them by contributing to climate change. In that case, a federal judge in Oregon is considering whether plaintiffs can file an amended complaint.

In Wednesday’s complaint, 13 young Virginians, ages 10 to 19, say that their state violates their rights to life and liberty under Virginia’s Constitution with a policy of approving permits for in-state fossil-fuel infrastructure that drives up greenhouse gas emissions, despite knowing their harm.

The office of the governor of Virginia did not immediately respond to a request for comment.

The case is Layla H. et al. v. Commonwealth of Virginia, Circuit Court for the City of Richmond, No. N/A.

For Layla H. et al.: Isak Howell of Isak Howell, Attorney at Law; Nathan Bellinger and Kimberly Willis of Our Children’s Trust

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Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

A great turnout at our 88th Legislative Session Lunch & Learn today! Thanks to all the legislative staffers who joined us to hear about TLR’s agenda this session. ... See MoreSee Less

A  great turnout at our 88th Legislative Session Lunch & Learn today! Thanks to all the legislative staffers who joined us to hear about TLR’s agenda this session.Image attachment
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In case you missed it: Check out the TLR Advocate to read our top priorities for the 88th legislative session, guest columns, and an update on the expanding TLR team. Read and share: bit.ly/3ZHdEva ... See MoreSee Less

In case you missed it: Check out the TLR Advocate to read our top priorities for the 88th legislative session, guest columns, and an update on the expanding TLR team. Read and share: https://bit.ly/3ZHdEva
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Texans for Lawsuit Reform

4 days ago

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Public nuisance lawsuits have expanded beyond their traditional use into a way to regulate through litigation. TLR is dedicated to preventing the public nuisance doctrine from becoming a catch-all cause of action used to impose one person’s political views on society as a whole. Read and share: bit.ly/3ZHdEva ... See MoreSee Less

Public nuisance lawsuits have expanded beyond their traditional use into a way to regulate through litigation. TLR is dedicated to preventing the public nuisance doctrine from becoming a catch-all cause of action used to impose one person’s political views on society as a whole. Read and share: https://bit.ly/3ZHdEva
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lawsuitreform avatarTLR@lawsuitreform·
3 Feb 1621598756633288707

A great turnout at our 88th Legislative Session Lunch & Learn today! Thanks to all the legislative staffers who joined us to hear about TLR’s agenda this session. #txlege

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lawsuitreform avatarTLR@lawsuitreform·
3 Feb 1621539669228879873

#ICYMI: Check out the TLR Advocate to read our top priorities for the 88th legislative session, guest columns, and an update on the expanding TLR team. Read and share: https://bit.ly/3ZHdEva

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2 Feb 1621267523164426242

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #txjustice #txcourts

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TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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Texans for Lawsuit Reform
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