Kelsey Rose Juliana, et al v. USA, et al
Original Case: 6:15-cv-01517
| Ninth Circuit U.S. Court of Appeals | |
| Case #: | 0:18-cv-36082 |
| Type | civil / united states |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Case Filed: | Dec 27, 2018 |
| Terminated: | Jan 17, 2020 |
| Last checked: Saturday Dec 29, 2018 12:22 AM PST |
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Defendant - Appellant
UNITED STATES DEPARTMENT OF COMMERCE
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Defendant - Appellant
UNITED STATES OF AMERICA
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Defendant - Appellant
CHRISTY GOLDFUSS, in her capacity as Director of Council on Environmental Quality
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Defendant - Appellant
SHAUN DONOVAN, in his official capacity as Director of the Office of Managment and the Budget
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Defendant - Appellant
JOHN HOLDREN, Dr., in his official capacity as Director of the Office of Science and Technology Policy
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Defendant - Appellant
ERNEST MONIZ, Dr., in his official capacity as Secretary of Energy
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Defendant - Appellant
U.S. DEPARTMENT OF THE INTERIOR
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SALLY JEWELL, in her official capacity as Secretary of Interior
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U.S. DEPARTMENT OF TRANSPORTATION
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ANTHONY FOXX, in hos official capacity as Secretary of Transportation
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UNITED STATES DEPARTMENT OF AGRICULTURE
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THOMAS J. VILSACK, in his official capacity as Secretary of Agriculture
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PENNY PRITZKER, in her official capacity as Secretary of Commerce
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UNITED STATES DEPARTMENT OF DEFENSE
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ASHTON CARTER, in his official capacity as Secretary of Defense
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UNITED STATES DEPARTMENT OF STATE
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JOHN F. KERRY, in his official capacity as Secretary of State
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GINA MCCARTHY, in her official capacity as Administrator of the EPA
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OFFICE OF THE PRESIDENT OF THE UNITED STATES
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U.S. ENVIRONMENTAL PROTECTION AGENCY
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U.S. DEPARTMENT OF ENERGY
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DONALD J. TRUMP, in his official capacity as President of the United States
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Plaintiff - Appellee
FUTURE GENERATIONS, through their Guardian Dr. James Hansen
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Plaintiff - Appellee
HAZEL V., through her Guardian Margo Van Ummerson
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XIUHTEZCATL TONATIUH M., through his Guardian Tamara Roske-Martinez
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ALEXANDER LOZNAK
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JACOB LEBEL
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ZEALAND B., through his Guardian Kimberly Pash-Bell
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AVERY M., through her Guardian Holly McRae
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SAHARA V., through her Guardian Toa Aguilar
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KIRAN ISAAC OOMMEN
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TIA MARIE HATTON
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ISAAC V., through his Guardian Pamela Vergun
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Plaintiff - Appellee
MIKO V., through her Guardian Pamel Vergun
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Plaintiff - Appellee
KELSEY CASCADIA ROSE JULIANA
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SOPHIE K., thourgh her Guardian Dr, James Hansen
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JAIME B., through her Guardian Jamescita Peshlakai
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JOURNEY Z., through his Guardian Erika Schneider
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VICTORIA B., through her Guardian Daisy Calderon
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NATHANIEL B., through his Guardian Sharon Baring
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AJI P., through his Guardian Helaina Piper
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LEVI D., through his Guardian Leigh-Ann Draheim
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JAYDEN F., through her Guardian Cherri Foytlin
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NICHOLAS V., through his Guardian Marie Venner
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Plaintiff - Appellee
EARTH GUARDIANS, a nonprofit organization
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GPO
Jan 17 2020
FILED OPINION (MARY H. MURGUIA, ANDREW D. HURWITZ and JOSEPHINE L. STATON) REVERSED. The plaintiffsâ?? motion for an injunction pending appeal, Dkt. 21, is denied. Their motions for judicial notice, Dkts. 134, 149, are granted. Judge: ADH Authoring, Judge: JLS Dissenting. FILED AND ENTERED JUDGMENT. [11565804] |
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GPO
Feb 10 2021
Filed Order for PUBLICATION (MARY H. MURGUIA, ANDREW D. HURWITZ and JOSEPHINE L. STATON) The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed R. App. P. 35. The petition for rehearing en banc, Dkt. [11615708-2], is DENIED. Judges McKeown, Collins, Bress and VanDyke did not participate in the consideration of the petition for rehearing en banc. [11998704] |
| 1. | 'Where Is the Hope?'; After Juliana v. U.S. Lawsuit Gets Tossed by Federal Court (ecowatch.com) |
| Submitted Mon 01/20/2020 | |
| 2. | Feds are still trying to stop the 'climate kids' lawsuit (cnn.com) |
| Submitted Wed 06/05/2019 | |
| 3. | 'Climate kids' lawsuit faces critical hearing (mailtribune.com) |
| Submitted Mon 06/03/2019 | |
| Docket last updated: 01/17/2020 10:00 AM PST |
| Wednesday, December 26, 2018 | ||
| 1 | 1 Filed order (SIDNEY R. THOMAS, MARSHA S. BERZON and MICHELLE T. FRIEDLAND, Circuit Judges) in case no. 18-80176 on 12 26-2018 The district court certified this case for interlocutory appeal pursuant to 28 U.S.C. § 1292(b), finding “that each of the factors outlined in § 1292(b) have been met . . . .” Thus, the district court “exercise[d] its discretion” in certifying the case for interlocutory appeal, noting that it did “not make this decision lightly.” An interlocutory appeal under 28 U.S.C. § 1292(b) is authorized when a district court order “‘involves a controlling question of law as to which there is substantial ground for difference of opinion’ and where ‘an immediate appeal from the order may materially advance the ultimate termination of the litigation.’” Reese v. BP Expl. (Alaska) Inc., 643 F.3d 681, 687–88 (9th Cir. 2011) (quoting 28 U.S.C. § 1292(b)). The district court properly concluded that the issues presented by this case satisfied the standard set forth in § 1292(b) and properly exercised its discretion in certifying this case for interlocutory appeal. The petition for permission to appeal pursuant to 28 U.S.C. § 1292(b) is granted. Within 14 days after the date of this order, petitioners shall perfect the appeal in accordance with Federal Rule of Appellate Procedure 5(d). All pending motions are denied as moot. [11134652] (RT) [Entered: 12/27/2018 11:24 AM] | |
| Thursday, December 27, 2018 | ||
| 2 | 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/03/2019. Transcript ordered by 01/25/2019. Transcript due 02/25/2019. Appellants Ashton Carter, Shaun Donovan, Anthony Foxx, Christy Goldfuss, John Holdren, Sally Jewell, John F. Kerry, Gina McCarthy, Ernest Moniz, Office of the President of the United States, Penny Pritzker, Donald J. Trump, U.S. Department of Energy, U.S. Department of Transportation, U.S. Department of the Interior, U.S. Environmental Protection Agency, United States Department of Agriculture, United States Department of Commerce, United States Department of Defense, United States Department of State, United States of America and Thomas J. Vilsack opening brief due 04/05/2019. Appellees Jaime B., Nathaniel B., Victoria B., Zealand B., Levi D., Earth Guardians, Jayden F., Future Generations, Tia Marie Hatton, Sophie K., Jacob Lebel, Alexander Loznak, Avery M., Xiuhtezcatl Tonatiuh M., Kiran Isaac Oommen, Aji P., Kelsey Cascadia Rose Juliana, Hazel V., Isaac V., Miko V., Nicholas V., Sahara V. and Journey Z. answering brief due 05/06/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11134656] (RT) [Entered: 12/27/2018 11:26 AM] | |
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Att: 1
5 pgs
Docketing Letter
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Att: 2
1 pgs
Mediation Letter
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Att: 3
22 pgs
Case Opening Packet
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