Youth plaintiffs filed their response to the federal government’s petition for writ of mandamus in which the government asks the Ninth Circuit to order the federal district court for the District of Oregon to dismiss the plaintiffs’ climate-based constitutional claims. The plaintiffs argued that the federal defendants failed to satisfy their high burden of establishing that the Ninth Circuit has jurisdiction to award mandamus because the defendants would be able to appeal the district court’s orders, including the denial of the motion to dismiss, after trial. The plaintiffs also argued that the defendants would not be damaged or prejudiced in a way not correctable on appeal; that the district court’s orders were not clearly erroneous as a matter of law; that the district court orders did not commit an “oft-repeated error”; and that no new novel question of law was before the court. The plaintiffs contended that the Ninth Circuit had previously rejected similar arguments for mandamus jurisdiction.

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.]

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

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Juliana Plaintiffs Asked Ninth Circuit to Reject Federal Government Petition for Writ of Mandamus Dismissing Their Case

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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

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

woman and genders outside of the gender binary

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Juliana Plaintiffs Asked Ninth Circuit to Reject Federal Government Petition for Writ of Mandamus Dismissing Their Case

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance