In Atmosphere We Trust: Atmospheric Trust Litigation and the Environmental Advocate's Toolkit

摘要

The climate reality facing the United States and the world as a whole is a dire one. Environmental advocacy work, more than ever before, is necessary and worthwhile, and environmental advocates fortunately have many tools in their kit. Atmospheric trust litigation is poised to potentially expand the understanding and application of the public trust doctrine to the air and atmosphere. Other tactics, including rulemaking petitions, legislation, governors' executive orders, and constitutional amendments should bolster efforts to achieve a healthy and protected atmosphere. Aside from these approaches, there are many others at play in the fight for a clean atmosphere. Advocates should learn about all the tools in their kit and apply them strategically, depending on the forum and issues at hand. The separate approaches discussed in this Note are often connected. For instance, the failure of a rulemaking petition can lead to a lawsuit confirming a trust responsibility. Relatedly, a finding that a state constitution ensures the protection of the atmosphere can lead to a governor's executive order implementing that state responsibility. Since there is no one-size-fits-all approach, advocates must evaluate the variety of tools at their disposal and employ those most likely to succeed to best protect the atmosphere left for future generations.