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You are here: Home / Liability Litigation / Kids’ Climate Lawsuit Paused by Appeals Court
Kids’ Climate Lawsuit Paused by Appeals Court

Kids’ Climate Lawsuit Paused by Appeals Court

July 29, 2017 Filed Under: Liability Litigation

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The Ninth Circuit Court of Appeals has temporarily paused district court proceedings in the federal lawsuit brought by 21 young plaintiffs against the U.S. government for not doing enough to stop climate change.

The stay was ordered by the Ninth Circuit Court pending its decision on a writ of mandamus and other pending motions. The case, Juliana v. United States, was filed in 2015 and has survived numerous efforts by the government to dismiss and derail the case.

On Friday, the Ninth Circuit gave attorneys for the plaintiffs 30 days to file an answer to the federal government’s petition for a writ of mandamus, which the Trump administration filed on June 9.

A writ of mandamus is a rare appeal granted only in extraordinary circumstances. In the appeal, the administration raised concerns regarding what it called an “onerous,” and “resource intensive” discovery process. The Ninth Circuit ordered the plaintiffs to provide an update on a host of discovery issues, including any anticipated disputes. District Court Judge Ann Aiken also has the option to respond.

“Our plaintiffs will demonstrate that they will be ready to go to trial on February 5, and the Trump administration’s allegations of undue burden of discovery are unfounded,” said Julia Olson, co-lead counsel for plaintiffs.

The young plaintiffs allege the federal government has failed to ensure a safe and livable climate for themselves, their families and future generations. To prevent further harm, the plaintiffs say the federal government must immediately implement a science-based plan to protect the climate for future generations.

So far, neither development has changed the plaintiffs’ approach.

Philip Gregory, lead attorney for the plaintiffs, said the stay is only temporary and right now affects only discovery.

“Plaintiffs are moving forward with serving their expert witness reports and preparing for trial,” said Gregory.

The U.S. Department of Justice did not respond to a request for comment.  

The trial is scheduled to begin Feb. 5 in Eugene, Ore., before U.S. District Court Judge Ann Aiken.

Twenty-year-old plaintiff Alex Loznak, from Roseburg, Ore., said he is unfazed by the temporary stay.

“I’ve always known we’d get to a higher court sooner or later, so I’m not afraid of going to the Ninth Circuit,” said Loznak. “The same arguments that got us to the point we are at will prevail at the court of appeals. It’s a very strong case.”

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Filed Under: Liability Litigation

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Trackbacks

  1. The Kids’ Climate Case Against the U.S. Government: A Timeline – Climate Liability News says:
    July 28, 2017 at 3:49 pm

    […] Kids' Climate Lawsuit Paused by Appeals Court […]

  2. Trump administration bid to stop kids climate case gets Dec. court date says:
    November 17, 2017 at 7:41 am

    […] are normally filed after the trial is held and evidence is presented, but a mandamus appeal—which is rarely used and even more rarely approved—could allow the federal government to avoid the discovery process […]

  3. Trump administration launches third 'Hail Mary' to stop youth climate case says:
    October 12, 2018 at 8:28 pm

    […] denied the first two requests for a writ of mandamus—a rarely used and even more rarely approved judicial appeal that asks a higher court to overrule a lower one before the conclusion of a case—and the Supreme […]

  4. The Banner, Vol. 4, No. 42 – Working With the Earth - The Banner says:
    October 16, 2018 at 4:53 am

    […] denied the first two requests for a writ of mandamus—a rarely used and even more rarely approved judicial appeal that asks a higher court to overrule a lower one before the conclusion of a case—and the Supreme […]

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