XIUHTEZCATL MARTINEZ, et al. v. STATE OF COLORADO, et al.

ORDER RE: DEFENDANTS' AND INTERVENOR'S MOTIONS TO DISMISS

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Global warming litigation tossed out:

"[T]he Public Trust Doctrine has never been recognized by the Colorado courts. Plaintiffs have failed to point to a single case. Even if this Court was to apply ancient law and assume that it carries through to Colorado today, Plaintiffs have been unable to point to any authority in which the government was required to protect the atmosphere. This Court is not inclined to create new law. Therefore, Plaintiffs have failed to allege an injury to a legally protected interest."

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Published In: Environmental Updates

Reference Info:Decision | | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jim Manley, Mountain States Legal Foundation | Attorney Advertising

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