The federal district court for the District of Oregon denied the federal government’s motion to stay proceedings while the Ninth Circuit considered the government’s petition for writ of mandamus. The district court found that the federal defendants did not meet their burden of showing a likelihood that their petition for writ of mandamus would succeed on the merits. The court also rejected the defendants’ contentions that litigation costs and “potential, intrusive discovery that treads on separation of powers grounds” would result in irreparable injury if a stay was not granted to resolve threshold jurisdictional issues. The court further found that the plaintiffs had provided “substantial evidence of tangible, irreparable injury brought about the defendants’ repeated delays,” with “[e]xpert and plaintiff declarations … establish[ing] an ever-worsening climate crisis and with it, risks to plaintiffs’ health, their future, and their constitutional due process rights.” The court also stated that it could not discern any public interest in further delaying the case from reaching the evidentiary phase.

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.]

Juliana v. United States

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District Court Declined to Stay Proceedings

Filed

United States of America

Oregon

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

The activities of industries that transforms raw materials into finished goods through industrial processes.

District Court Declined to Stay Proceedings

Impacted group

Economic sector