No. 18-505

In Re United States, et al.

Lower Court: N/A
Docketed: 2018-10-18
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: administrative-procedure-act article-iii civil-procedure-standing civil-rights climate-change due-process environmental-advocacy justiciability public-trust-doctrine standing
Key Terms:
AdministrativeLaw Environmental SocialSecurity DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether this suit is justiciable under Article III

Question Presented (OCR Extract)

QUESTIONS PRESENTED In 2015, plaintiffs—21 minors, an environmental advocacy organization, and a guardian purporting to represent future generations—sued the United States, the President, eight Executive Branch agencies, and other federal defendants for depriving them of an asserted right to “a climate system capable of sustaining human life” under the Due Process Clause of the Fifth Amendment and related legal theories. As relief, plaintiffs ask the district court to order the federal defendants to “move to swiftly phase out CO: emissions, as well as take such other action as necessary to ensure that atmospheric CO, is no more concentrated than 350 ppm by 2100, including to develop a national plan to restore Earth’s energy balance, and implement that national plan so as to stabilize the climate system.” After three years of litigation, trial is set to begin on October 29, 2018. The questions presented are as follows: 1. Whether this suit is justiciable under Article III. 2. Whether this suit should be dismissed for failure to comply with the requirements of the Administrative Procedure Act, 5 U.S.C. 551 et seq. 3. Whether this suit should be dismissed because there is no right to “a climate system capable of sustaining human life” under the Due Process Clause or a publictrust doctrine. (I)

Docket Entries

2019-07-29
Petition Dismissed - Rule 46.
2019-07-09
Letter of July 9, 2019, from the Solicitor General requesting to withdraw the petition for a writ of mandamus filed.
2018-11-23
Letter of November 23, 2018, from the Solicitor General filed.
2018-11-19
Brief of respondents Kelsey J., et al. in opposition filed.
2018-11-02
Application (18A410) referred to the Court.
2018-11-02
Application (18A410) denied without prejudice by the Court. The order heretofore entered by The Chief Justice is vacated. (See order for additional language.) Justice Thomas and Justice Gorsuch would grant the application.
2018-10-24
Reply of applicants United States, et al. filed.
2018-10-22
Response to application from respondents Juliana, Kelsey C. R., et al. filed.
2018-10-19
UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that discovery and trial in the United States District Court for the District of Oregon, in case No. 6:15-cv-01517, are stayed pending receipt of a response, due on or before Wednesday, October 24, 2018, by 3 p.m., and further order of The Chief Justice or of the Court.
2018-10-18
Petition for a writ of mandamus filed. (Response due November 19, 2018)
2018-10-18
Application (18A410) for a stay, submitted to The Chief Justice.

Attorneys

Kelsey J., et al.
Julia Ann OlsonWild Earth Advocates, Respondent
Julia Ann OlsonWild Earth Advocates, Respondent
United States, et al.
Noel J. FranciscoSolicitor General, Petitioner
Noel J. FranciscoSolicitor General, Petitioner