Court tosses claim that would require Arizona lawmakers protect atmosphere as a state

Jamescita Peshlakai
Jamescita Peshlakai

By Howard Fischer | Capitol Media Services/East Valley Tribune

The state Court of Appeals will not order Gov. Jan Brewer to take action to reduce greenhouse gases that are linked to climate change.

In a unanimous decision, the court threw out a claim filed by Jamescita Peshlakai on behalf of her daughter, Jaime Lynn Butler, asking the judges to declare that the atmosphere is a public trust and that Brewer and her administration have an obligation to take affirmative action to protect that asset.

Judge John Gemmill, writing for the court, said the problem with the lawsuit is that there is really no basis for a legal challenge.

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