JULIANA v. U.S.

No. 18-36082.

947 F.3d 1159 (2020)

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., 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, Plaintiffs-Appellees, v. UNITED STATES of America; Mary B. Neumayr, in her capacity as Chairman of Council on Environmental Quality; Mick Mulvaney, in his official capacity as Director of the Office of Management and the Budget; Kelvin K. Droegemeir, in his official capacity as Director of the Office of Science and Technology Policy; Dan Brouillette, in his official capacity as Secretary of Energy; U.S. Department of the Interior; David L. Bernhardt, in his official capacity as Secretary of Interior; U.S. 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; Mark T. Esper, in his official capacity as Secretary of Defense; United States Department of State; Michael R. Pompeo, in his official capacity as Secretary of State; Andrew Wheeler, in his 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-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2020.


Attorney(s) appearing for the Case

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

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

Theodore Hadzi-Antich and Ryan D. Walters , Texas Public Policy Foundation, Austin, Texas, for Amici Curiae Nuckels Oil Co., Inc. DBA Merit Oil Company; Libety Packing Company, LLC; Western States Trucking Association; and National Federation of Independent Business Small Business Legal Center.

Richard K. Eichstaedt , University Legal Assistance, Spokane, Washington, for Amici Curiae Eco-Justice Ministries; Interfaith Moral Action on Climate; General Synod of the United Church of Christ; Temple Beth Israel of Eugene, Oregon; National Advocacy Center of the Sisters of the Good Shepherd; Leadership Counsel of the Sisters Servants of the Immaculate Heart of Mary of Monroe, Michigan; Sisters of Mercy of the Americas' Institute Leadership Team; GreenFaith; Leadership Team of the Sisters of Providence of Saint-Mary-of-the-Woods Indiana; Leadership Conference of Women Religious; Climate Change Task Force of the Sisters of Providence of Saint-Mary-of-the-Woods; Quaker Earthcare Witness; Colorado Interfaith Power and Light; and the Congregation of Our Lady of Charity of the Good Shepherd, U.S. Provinces.

Dr. Curtis FJ Doebbler , Law Office of Dr. Curtis FJ Doebbler, San Antonio, Texas; D. InderComar , Comar LLP, San Francisco, California; for Amici Curiae International Lawyers for International Law.

Wendy B. Jacobs , Director; Shaun A. Goho , Deputy Director; Emmett Environmental Law & Policy Clinic, Harvard Law School, Cambridge, Massachusetts; for Amici Curiae Public Health Experts, Public Health Organizations, and Doctors.

David Bookbinder , Niskanen Center, Washington, D.C., for Amicus Curiae Niskanen Center.

Courtney B. Johnson , Crag Law Center, Portland, Oregon, for Amici Curiae League of Women Voters of the United States and League of Women Voters of Oregon.

Oday Salim , Environmental Law & Sustainability Clinic; Julian D. Mortensen and David M. Uhlmann , Professors; Alexander Chafetz , law student; University of Michigan Law School, Ann Arbor, Michigan; for Amicus Curiae Sunrise Movement Education Fund.

Zachary B. Corrigan , Food & Water Watch, Inc., Washington, D.C., for Amici Curiae Food & Water Watch, Inc.; Friends of the Earth — US; and Greenpeace, Inc.

Patti Goldman , Earthjustice, Seattle, Washington; Sarah H. Burt , Earthjustice, San Francisco, California; for Amici Curiae EarthRights International, Center for Biological Diversity, Defenders of Wildlife, and Union of Concerned Scientists.

David Hunter and William John Snape III , American University, Washington College of Law, Washington, D.C., for Amici Curiae International Environmental Law and Environmental Law Alliance Worldwide—US.

Timothy M. Bechtold , Bechtold Law Firm PLLC, Missoula, Montana, for Amici Curiae Members of the United States Congress.

Rachael Paschal Osborn , Vashon, Washington, for Amici Curiae Environmental History Professors.

Thomas J. Beers , Beers Law Offices, Seeley Lake, Montana; Irma S. Russell , Professor, and Edward A. Smith , Missouri Chair in Law, the Constitution, and Society, University of Missouri-Kansas City School of Law, Kansas City, Missouri; W. Warren H. Binford Professor or Law & Director, Clinical Law Program, Willamette University, Salem, Oregon; for Amicus Curiae Zero Hour on Behalf of Approximately 32,340 Children and Young People.

Helen H. Kang , Environmental Law and Justice Clinic, Golden Gate University School of Law, San Francisco, California; James R. May and Erin Daly , Dignity Rights Project, Delaware Law School, Wilmington, Delaware; for Amici Curiae Law Professors.

Toby J. Marshall , Terrell Marshall Law Group PLLC, Seattle, Washington, for Amici Curiae Guayaki Sustainable Rainforest Products, Inc.; Royal Blue Organics; Organically Grown Company; Bliss Unlimited, LLC, dba Coconut Bliss; Hummingbird Wholesale; Aspen Skiing Company, LLC; Protect Our Winters; National Ski Areas Association; Snowsports Industries America; and American Sustainable Business Council.

Alejandra Núñez and Andres Restrepo , Sierra Club, Washington, D.C.; Joanne Spalding , Sierra Club, Oakland, California; for Amicus Curiae Sierra Club.

Dissent by Judge Staton.


OPINION

In the mid-1960s, a popular song warned that we were "on the eve of destruction."1 The plaintiffs in this case have presented compelling evidence that climate change has brought that eve nearer. A substantial evidentiary record documents that the federal government has long promoted...

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