Skip to content
The Climate Litigation Database
Litigation

United States v. U.S. District Court for the District of Oregon

Date
2015
Geography
Oregon
Part of
Juliana v. United States

About this case

Filing year
2015
Status
Application for stay denied.
Geography
United States → Oregon
Docket number
18A65
Court/admin entity
United States → Federal Courts → U.S.
Case category
Constitutional Claims → Fifth AmendmentPublic Trust Claims
Principal law
United States → Fifth Amendment—Due ProcessUnited States → Fifth Amendment—Equal ProtectionUnited States → Ninth AmendmentUnited States → Public Trust Doctrine
At issue
Action by young plaintiffs asserting that the federal government violated their constitutional rights by causing dangerous carbon dioxide concentrations. [Due to a technical issue, some documents are currently not available.]

Documents

Filing Date
Type
Action Taken
Document
Summary
07/30/2018
Decision
Application for stay denied.
View
On July 30, 2018, the U.S. Supreme Court denied the federal government’s application for a stay of the young people’s climate change lawsuit pending in the federal district court for the District of Oregon, which is scheduled for trial beginning on October 29, 2018. The Supreme Court’s order denying the stay application said the request for relief was premature and denied the request without prejudice. The Court also noted that “[t]he breadth of respondents’ claims is striking, however, and the justiciability of those claims presents substantial grounds for difference of opinion.” The Court said the district court “should take these concerns into account in assessing the burdens of discovery and trial, as well as the desirability of a prompt ruling on the Government’s pending dispositive motions.”
07/23/2018
Response
Response brief filed by respondents Juliana et al.
View
–
07/20/2018
Letter
Letter filed by Solicitor General.
View
After the Ninth Circuit denied the government’s second mandamus petition on July 20, the federal government indicated in a letter to the Supreme Court that the alternative course of action of construing its stay application as a petition for writ of certiorari or mandamus was “even more warranted” because “nothing relevant remains to be done in the lower courts.”
07/17/2018
Application
Application filed for a stay pending disposition by the Ninth Circuit of the petition for writ of mandamus and any further proceedings in the Supreme Court; U.S. also requested administrative stay.
View
The federal government filed a stay application in the Supreme Court after the Ninth Circuit Court of Appeals denied the government’s emergency motion for a stay pending consideration of a second petition for a writ of mandamus filed by the government on July 5, 2018. The federal government asked the Supreme Court for a stay pending the Ninth Circuit’s consideration of the mandamus petition and any further proceedings in the Supreme Court, and also requested an administrative stay pending the Court’s ruling on the stay application. Alternatively, the federal government suggested that the Supreme Court could construe its application as a petition for writ of mandamus or petition for writ of certiorari from the Ninth Circuit’s March 2018 decision denying mandamus and directly order dismissal of the action or a stay pending the resolution of the federal government’s pending dispositive motions.

Summary

Action by young plaintiffs asserting that the federal government violated their constitutional rights by causing dangerous carbon dioxide concentrations. [Due to a technical issue, some documents are currently not available.]