March 7, 2018
Today, the Ninth Circuit Court of Appeals unanimously rejected the Trump Administration’s extraordinary attempt to circumvent the normal judicial process in Juliana v. US and instead allowed the youths’ case against the government to proceed. Last summer, the Trump Administration took the extraordinary step of filing a petition for a writ of mandamus with the Ninth Circuit to stop the constitutional climate lawsuit brought against the United States by twenty-one youth plaintiffs supported by Our Children’s Trust.
“The Ninth Circuit’s decision to reject the government’s attempts to circumvent the judicial process is right, just, and timely. Now, as the Court recognized, it’s time for this litigation to proceed in the ordinary manner and for the district court to hear the youth plaintiffs’ case on its merits,” says Erika Lennon, Senior Attorney at CIEL.
With its petition, the Trump Administration tried to bypass the normal steps in litigation, primarily to avoid discovery. In rejecting the government’s petition, the Ninth Circuit found that the government’s petition was largely premature and had not met any of the factors necessary for mandamus, including that there was no clear error by the District Court. “This is a novel case and should be heard,” says Lennon. “This year’s wildfires, floods, and powerful hurricanes from which the country is still recovering highlight the critical importance of addressing climate change and the dangers of failing to take appropriate action to maintain a climate system capable of sustaining human life.”
With this ruling, the youth plaintiffs are one step closer to their day in court.
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