The Ninth Circuit Court of Appeals granted the federal government’s petition for writ of mandamus and directed the federal district court for the District of Oregon to dismiss Juliana v. United States for lack of Article III standing, without leave to amend. The Ninth Circuit noted that it had held in 2020 that the plaintiffs lacked standing and had remanded to the district court with instructions to dismiss the case on that basis. The Ninth Circuit further stated that mandamus was appropriate remedy when “sought on the ground that the district court failed to follow the appellate court’s mandate.” Although the district court had concluded that amendment of the complaint “was not expressly precluded” by the Ninth Circuit’s mandate, the Ninth Circuit’s May 1 order stated that “[n]either the mandate’s letter nor its spirit left room for amendment.” The Ninth Circuit also disagreed with the district court’s conclusion that an intervening change in the law made it permissible to allow the plaintiffs to amend their complaint. The Ninth Circuit found that the U.S. Supreme Court decision cited by the district court did not change the law with respect to prospective relief, and therefore did not affect the redressability of the plaintiffs’ claims.

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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Ninth Circuit Directed District Court to Dismiss Juliana v. United States

Filed

United States of America

Oregon

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Ninth Circuit Directed District Court to Dismiss Juliana v. United States

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