JULIANA v. U.S.

No. 18-80176.

949 F.3d 1125 (2018)

Kelsey Cascadia Rose JULIANA; Xiuhtezcatl Tonatiuh M., through his Guardian Tamara Roske-Martinez; Alexander Loznak; Jacob Lebel; Zealand B., through his Guardian Kimberly Pash-Bell; Avery M., through her Guardian Holly McRae; Sahara V., through her Guardian Toa Aguilar; Kiran Isaac Oommen; Tia Marie Hatton; Isaac V., through his Guardian Pamela Vergun; Miko V., through her Guardian Pamel Vergun; Hazel V., through her Guardian Margo Van Ummerson; Sophie K., thourgh her Guardian Dr. James Hansen; Jaime B., through her Guardian Jamescita Peshlakai; Journey Z., through his Guardian Erika Schneider; Victoria B., through her Guardian Daisy Calderon; Nathaniel B., through his Guardian Sharon Haring; Aji P., through his Guardian Helaina Piper; Levi D., through his Guardian Leigh-Ann Draheim; Jayden F., through her Guardian Cherri Foytlin; Nicholas V., through his Guardian Marie Venner; Earth Guardians, a nonprofit organization; Future Generations, through their Guardian Dr. James Hansen, Plaintiffs-Respondents, v. UNITED STATES of America; Christy Goldfuss, in her capacity as Director of Council on Environmental Quality; Shaun Donovan, in his official capacity as Director of the Office of Management and Budget; John Holdren, Dr., in his official capacity as Director of the Office of Science and Technology Policy; Ernest Moniz, Dr., in his official capacity as Secretary of Energy; U.S. Department of the Interior; Sally Jewell, in her official capacity as Secretary of Interior; U.S. Department of Transportation; Anthony Foxx, in his official capacity as Secretary of Transportation; United States Department of Agriculture; Thomas J. Vilsack, in his official capacity as Secretary of Agriculture; United States Department of Commerce; Penny Pritzker, in her official capacity as Secretary of Commerce; United States Department of Defense; Ashton Carter, in his official capacity as Secretary of Defense; United States Department of State; John F. Kerry, in his official capacity as Secretary of State; Gina McCarthy, in her official capacity as Administrator of the EPA; Office of the President of the United States; U.S. Environmental Protection Agency; U.S. Department of Energy; Donald J. Trump, in his official capacity as President of the United States, Defendants-Petitioners.

United States Court of Appeals, Ninth Circuit.

Filed December 26, 2018.


Attorney(s) appearing for the Case

Jeffrey Bossert Clark , Assistant Attorney General; Eric Grant , Deputy Assistant Attorney General; Andrew C. Mergen , Sommer H. Engels , and Robert J. Lundman , Attorneys; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; for Defendants-Petitioners.

Philip L. Gregory , Gregory Law Group, Redwood City; Julia A. Olson , Wild Earth Advocates, Eugene, Oregon; Andrew K. Rodgers , Law Offices of Andrew K. Rodgers, Seattle, Washington; for Plaintiffs-Respondents.

Dissent by Judge Friedland.


ORDER

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...

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