IN RE U.S.

No. 18-71928.

895 F.3d 1101 (2018)

IN RE: UNITED STATES of America; Christy Goldfuss; Mick Mulvaney; John Holdren; Rick Perry; U.S. Department of the Interior; Ryan Zinke; U.S. Department of Transportation; Elaine L. Chao; U.S. Department of Agriculture; Sonny Perdue; United States Department of Commerce; Wilbur Ross; U.S. Department of Defense; James N. Mattis; U.S. Department of State; Office of the President of the United States; U.S. Environmental Protection Agency; U.S. Department of Energy; Donald J. Trump; Michael R. Pompeo; Andrew Wheeler, United States of America; Christy Goldfuss, in her official capacity as Director of Council on Environmental Quality; Mick Mulvaney, 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; Rick Perry, in his official capacity as Secretary of Energy; United States Department of Interior; Ryan Zinke, in his official capacity as Secretary of Interior; United States Department of Transportation; Elaine L. Chao, in her official capacity as Secretary of Transportation; United States Department of Agriculture; Sonny Perdue, in his official capacity as Secretary of Agriculture; United States Department of Commerce; Wilbur Ross, in his official capacity as Secretary of Commerce; United States Department of Defense; James N. Mattis, in his official capacity as Secretary of Defense; United States Department of State; Andrew Wheeler, in his official capacity as Acting Administrator of the EPA; Michael R. Pompeo, in his official capacity as Secretary of State; 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, Petitioners, v. United States District Court for the District of Oregon, Eugene, Respondent, 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 Pamela Vergun; Hazel V., through her Guardian Margo Van Ummersen; Sophie K., through 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 Baring; 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, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2018.


Attorney(s) appearing for the Case

Eric Grant , DOJ — U.S. Department of Justice, Robert Lundman , Andrew Christopher Mergen, Esquire, Attorney, DOJ — U.S. DEPARTMENT OF JUSTICE Environment & Natural Resources Division, Washington, DC, for Petitioners.

Philip L. Gregory , Senior Attorney, Gregory Law Group, Redwood City, CA, Julia Ann Olson , Attorney, Wild Earth Advocates, Eugene, OR, Andrea Rodgers , Attorney, Western Environmental Law Center, Seattle, WA, for Real Party in Interest.

Before: THOMAS, Chief Judge, and BERZON and FRIEDLAND, Circuit Judges.


OPINION

In this petition for a writ of mandamus, the government asks us for the second time to direct the district court to dismiss a case seeking various environmental remedies, or, in the alternative, to stay all discovery and trial. We denied the government's first mandamus petition, concluding that it had not met the high bar...

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