Two Oregon teens whose arguments failed to convince a Eugene judge that Oregon's state government should do more to protect future generations from climate change are taking their lawsuit to a higher court.

Kelsey Juliana and Olivia Chernaik, both of Eugene, sued the state in 2011 with the help of nonprofit climate action group Our Children's Trust.

Their Tuesday appeal challenges Lane County Circuit Court Judge Karsten Rasmussen's May 11 ruling that the state has no obligation to protect future generations from the impacts of climate change.

Rasmussen based his rejection of the teens' argument upon his conclusion that the atmosphere - unlike submerged and submersible lands - is not part of the public trust. Therefore, he wrote, the state has no obligation to preserve it for future generations.

He also addressed the teens' argument that legislators are not doing enough to address climate change, writing that the court would place an "undue burden" on the Legislature if it ruled in the teens' favor.

"The plaintiffs are really asking a solitary judge in one of thirty-six counties to completely subvert the legislative process," he wrote.

This is the second time the teens have appealed Rasmussen's judgment in the case. The judge initially refused to hear the case at all, arguing the teens' complaints were political, not legal. The Oregon Court of Appeals disagreed, and sent the case back to him for a decision.

In a statement Tuesday, Juliana urged the state to "step up to the plate and adopt and enforce laws that ensure a stable climate for its citizens."

The appeal comes just days after Our Children's Trust made major progress on a similar case in Washington. There, a King County judge ordered the state's department of ecology to consider statewide carbon dioxide emissions reductions in response to a lawsuit from a group of youth.

"These are victories we all need," Juliana said.

-- Kelly House

khouse@oregonian.com

503-221-8178

@Kelly_M_House