The youth plaintiffs in Juliana v. United States filed a petition for rehearing en banc (or, alternatively, reconsideration) of the Ninth Circuit Court of Appeals order granting the federal government’s request for a writ of mandamus directing the district court to dismiss the plaintiffs’ case for lack of standing. The plaintiffs argued that the Ninth Circuit’s order conflicted with U.S. Supreme Court and Ninth Circuit precedent establishing the standard for granting mandamus relief, and also conflicted with precedent concerning district courts’ discretion to grant leave to amend for a dismissal based on lack of jurisdiction as well as with precedent establishing that declaratory relief provides sufficient redress to serve as a basis for standing to assert constitutional violations. The plaintiffs also filed a motion to vacate the order and recall the mandate. 

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 Sought En Banc Rehearing of Ninth Circuit Order Directing Dismissal of Their Case

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

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.

Using laws and the legal system more broadly to protect vulnerable entities

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

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.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Juliana Plaintiffs Sought En Banc Rehearing of Ninth Circuit Order Directing Dismissal of Their Case

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Adaptation/resilience