Ninth Circuit Stays “Kid’s Climate Change Suit”

There has been a flurry of recent activity in the Julian et al. v. United States (“Kids Climate Change Suit”). After granting the United States motion for a stay on October 19, 2018, the US Supreme Court lifted the stay on November 2nd noting that a further stay was not warranted because adequate relief may be available in the Ninth Circuit. On November 5th, the United States again moved to stay in the District Court of Oregon and filed a motion asking the court to reconsider its previous denial of the United States’ request to certify orders for interlocutory review.  On that same day, the United States also filed a motion to stay and writ of mandamus in the Ninth Circuit seeking dismissal of the suit.  The United States renewed prior arguments: lack of standing, lack of justiciable controversy, failure to bring the action under the APA, lack of merit in the plaintiffs’ due process and public trust doctrine claims.  The Ninth Circuit on November 8th  granted the motion to stay stating that the mandamus petition raises issues that warrant an answer.

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