Case: Juliana v. United States

6:15-cv-01517 | U.S. District Court for the District of Oregon

Filed Date: Aug. 12, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the government’s constitutional duty to protect young people from environmental harms. On August 12, 2015, a group of young individuals (aged 8-19) and nonprofit organization Earth Guardians filed a complaint against the United States and various government officials in the U.S. District Court for the District of Oregon, on behalf of themselves and future generations. The plaintiffs, represented by Wild Earth Advocates and private counsel, asserted harm from carbon dioxide po…

This case concerns the government’s constitutional duty to protect young people from environmental harms. On August 12, 2015, a group of young individuals (aged 8-19) and nonprofit organization Earth Guardians filed a complaint against the United States and various government officials in the U.S. District Court for the District of Oregon, on behalf of themselves and future generations. The plaintiffs, represented by Wild Earth Advocates and private counsel, asserted harm from carbon dioxide pollution and climate destabilization due to government action and/or inaction. The plaintiffs alleged that instead of implementing a course of effective action to phase out carbon pollution, the defendants continued to permit, authorize, and subsidize activities that produce enormous quantities of carbon dioxide emissions. The plaintiffs alleged violations of the Fifth Amendment's Due Process Clause and Equal Protection provision, the unenumerated rights reserved for the people by the Ninth Amendment, and the public trust doctrine. They sued under 28 U.S.C. § 2201 for declaratory and injunctive relief, including ordering the defendants to implement a remedial plan to phase out fossil fuel emissions so as to stabilize the climate system. The case was assigned to Magistrate Judge Thomas M. Coffin.

The plaintiffs filed an amended complaint with slight changes on September 10, 2015. On November 12, 2015,  the National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, and the American Petroleum Institute moved to intervene as defendants. Magistrate Judge Thomas M. Coffin granted the motion on January 14, 2016. 2016 WL 183903.

On November 17, 2015, the government filed a motion to dismiss for failure to state a claim and lack of jurisdiction. On November 10, 2016, Judge Ann L. Aiken adopted the report and recommendation of Magistrate Judge Coffin and denied the motion to dismiss. The court held that the plaintiffs stated valid constitutional and public trust doctrine claims, and also that the plaintiffs had alleged concrete and imminent injuries. 217 F.Supp.3d 1224.

On March 7, 2017, the government filed a motion to appeal the November 10 opinion as well as a motion to stay proceedings in this case pending consideration of the motion. On June 8, 2017, Judge Aiken adopted the report and recommendation of Magistrate Judge Coffin to deny the motions. 2017 WL 2483705. The next day, the government filed a writ of mandamus in the Ninth Circuit Court of Appeals, which the Ninth Circuit denied.

The government filed motions for judgment on the pleadings and for summary judgment on May 9 and May 22, 2018, respectively. On October 15, 2018, Judge Aiken partially granted both motions. Judge Aiken found that a genuine issue of material fact existed as to whether activists suffered injury in fact, whether equitable remedy could redress injuries, and whether the federal government acted with deliberate indifference to human safety. The court dismissed President Trump as a defendant, but allowed the other claims to proceed. 339 F.Supp.3d 1062.

On October 18, 2018, the government filed a petition for a writ of mandamus to the Supreme Court of the United States, as well as an application for a stay pending disposition of the writ of mandamus. The next day, the Supreme Court issued an order staying the trial scheduled on October 29, 2018 and all discovery. The Supreme Court denied the application for a stay on November 2, 2018, and the government withdrew its mandamus petition on July 29, 2019.

On November 21, 2018, the district court found sufficient cause to revisit the question of interlocutory appeal and certified this case for interlocutory appeal. The Ninth Circuit granted permission to appeal on December 26, 2018. 949 F.3d 1125. Circuit Judges Mary H. Murguia, Andrew D. Hurwitz, and Josephine L. Staton heard oral arguments on June 4, 2019 in Portland, Oregon. 

On January 17, 2020, the Ninth Circuit reversed and remanded the case to the district court, with instructions to dismiss the case for lack of Article III standing. The Ninth Circuit held that although the plaintiffs had established the first two elements of standing (injury and causation), their claims were not redressable by a federal court, because that would involve a host of complex policy decisions that had been entrusted to the political branches. The Ninth Circuit made this ruling “reluctantly,” but concluded that the plaintiffs would have to make their case to the political branches “or the electorate at large.” 947 F.3d 1159.

The plaintiffs moved for rehearing en banc on March 2, 2020, which the Ninth Circuit denied on February 10, 2021. 

On March 9, 2021, the plaintiffs moved for leave to file a second amended complaint. The court referred the case to Magistrate Judge Coffin for a settlement conference on May 13, 2021. 

The states of Alabama, Alaska, Arkansas, Georgia, Indiana, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, and West Virginia moved to intervene as defendants on June 8, 2021. The states sought limited intervention to oppose any proposed settlement and the plaintiffs’ motion for leave to file a second amended complaint. The proposed defendant-intervenors argued that the plaintiffs lacked Article III standing and therefore any settlement of the plaintiffs’ claims would be improper. On June 23, 2021, the state of Kansas joined the June 8 motion to intervene.

A settlement conference took place before Magistrate Judge Coffin on June 23, 2021. The parties did not reach an agreement.

On September 9, 2021, the government moved for judgment against the plaintiff Earth Guardians, and for the dismissal of Earth Guardians’ claims for lack of Article III standing.

The court denied the states’ motions to intervene as defendants on March 14, 2023, and granted the plaintiffs’ motion to file a second amended complaint on June 1, 2023. Judge Aiken reasoned that the Ninth Circuit mandate permitted the district court to consider the motion to amend, especially given recent related precedent and the fact that the plaintiffs’ proposed amendments would resolve the standing issues identified by the Ninth Circuit. The court also dismissed Earth Guardians as a named plaintiff without prejudice, pursuant to Federal Rule of Civil Procedure 21.

Represented by Our Children’s Trust and private counsel, the plaintiffs filed a second amended complaint on June 8, 2023. The government moved to dismiss the second amended complaint for lack of jurisdiction and failure to state a claim on June 22, 2023. The government also moved to certify the district court’s June 1 order for interlocutory appeal and to stay the litigation pending resolution of the motions on July 7, 2023.

On December 29, 2023, the court partially denied the government’s motion to dismiss the second amended complaint, declined to certify the June 1 order for interlocutory review, and declined to stay the litigation. Judge Aiken held that even though the legislative and executive branches bear responsibility for combating climate change, the judiciary is also “capable and duty-bound to provide redress for the irreparable harm government fossil fuel promotion has caused.” The court dismissed the plaintiffs’ claim for injunctive relief, holding that although an injunction would likely redress the plaintiffs’ injuries, the plaintiffs’ requested relief exceeded the scope of an Article III court’s power (as interpreted by the Ninth Circuit’s January 17, 2020 opinion). 

However, the court allowed some claims for declaratory relief to proceed. Judge Aiken dismissed the equal protection claim on the grounds that age is not a suspect class and the Ninth Amendment claim on the grounds that the Ninth Amendment has never been recognized as independently securing a constitutional right. The court left the due process and public trust doctrine claims intact. Judge Aiken also held that the plaintiffs’ claims did not present nonjusticiable political questions because the lawsuit asked the court to determine whether the government has violated plaintiffs’ constitutional rights, a question “squarely within the purview of the judiciary.”

The case is ongoing as of January 2, 2024.

Summary Authors

Sichun Liu (3/7/2019)

Gregory Marsh (7/10/2020)

Sophia Acker (1/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5499763/parties/juliana-v-united-states-of-america/


Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Attorney, Philip L. (Oregon)

Attorney for Defendant

Addington, Gregory W. (Oregon)

Anderson, Caroline Joy (Oregon)

Attorney, Andrew Christopher (Oregon)

Expert/Monitor/Master/Other
Judge(s)

Aiken, Ann L. (Oregon)

Hurwitz, Andrew David (Arizona)

Staton [-Tucker], Josephine L. (California)

Expert/Monitor/Master/Other

Barrasso, Judy Y. (Oregon)

Baskin, Maurice (Oregon)

Blackwell, Michelle A. (Oregon)

Boxerman, Samuel B. (Oregon)

Brown, Karma B (Oregon)

Comeau, Michael R (Oregon)

Daly, Gabriel Jackson (Oregon)

Duncan, Deidre G (Oregon)

Eckert, C. Marie (Oregon)

Eiva, Travis Stephen (Oregon)

Ervin, Bradley (Oregon)

Estes, Andrew Harper (Oregon)

Grube, Mark Stephen (Oregon)

Harvey, Grant J (Oregon)

Heavner, B Brett (Oregon)

Hopson, Mark Daniel (District of Columbia)

Huggett, Thomas Benjamin (Oregon)

Indall, Jon J (Oregon)

Jay, William McGinley (Oregon)

Johnson, Courtney B. (Oregon)

Joyce, John W. (Oregon)

Kelly, David M (Oregon)

Leppo, Jeffrey W. (Oregon)

Linxwiler, James D. (Oregon)

Malone, Sean T. (Oregon)

Manges, Joseph E (Oregon)

Martella, Roger R. Jr. (District of Columbia)

Martin, Robert Brooks (Oregon)

Martin, Linda C (Oregon)

McCown, Steven R (Oregon)

Mercer, William W. (Oregon)

Morgan, Jason T. (Oregon)

Naito, Alexander M. (Oregon)

Northouse, Clayton G. (Oregon)

Oakley, Bruce Davidson (Oregon)

Power, Vanessa Soriano (Oregon)

Price, Andrea Mahady (Oregon)

Rankin, Christina A. (Oregon)

Ray, Paul J. (Oregon)

Reimer, Hadassah M. (Oregon)

Rosenbaum, Steven (Oregon)

Sand, Thomas C. (Oregon)

Schau, Andrew (Oregon)

Sheehan, Kenneth J. (Oregon)

Singer, Abraham (Oregon)

Smith, Benjamin Patrick (Oregon)

Sorenson, Quin M (District of Columbia)

Steen, Ryan P. (Oregon)

Stefani, Giulia Good (Oregon)

Steinberg, Michael W. (Oregon)

Tannen, Benjamin E (District of Columbia)

Tebbutt, Charles (Oregon)

Toben, Elizabeth Rickard (Oregon)

Turner, Andrew J (Oregon)

Visser, Joel Franklin (Oregon)

Volpe, Frank R. (District of Columbia)

Webster, Timothy Kenly (Oregon)

Weisshaar, Mark G (Oregon)

Zidlicky, Paul J. (Oregon)

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Documents in the Clearinghouse

Document

6:15-cv-01517

Docket

Jan. 17, 2020

Jan. 17, 2020

Docket
1

6:15-cv-01517

Complaint for Declaratory and Injunctive Relief

Aug. 12, 2015

Aug. 12, 2015

Complaint
7

6:15-cv-01517

First Amended Complaint for Declaratory and Injunctive Relief

Sept. 10, 2015

Sept. 10, 2015

Complaint
83

6:15-cv-01517

Opinion and Order

Nov. 10, 2016

Nov. 10, 2016

Order/Opinion

6:15-cv-01517

Findings and Recommendation

May 1, 2017

May 1, 2017

Order/Opinion

6:15-cv-01517

Order

June 8, 2017

June 8, 2017

Order/Opinion
369

6:15-cv-01517

Opinion and Order

Oct. 15, 2018

Oct. 15, 2018

Order/Opinion

Petition for a Writ of Mandamus

In Re: United States of America, et al., Petitioners

Supreme Court of the United States

Oct. 18, 2018

Oct. 18, 2018

Pleading / Motion / Brief

18-00410

Application for a Stay Pending Disposition of a Petition for a Writ of Mandamus to the United States District Court for the District of Oregon and Any Further Proceedings in this Court and Request for an Administrative Stay

In Re: United States of America, et al.

Supreme Court of the United States

Oct. 18, 2018

Oct. 18, 2018

Pleading / Motion / Brief
153-1

6:15-cv-01517

18-36082

Opinion

Juliana v. United States of America

U. S. Court of Appeals for the Ninth Circuit

Jan. 17, 2020

Jan. 17, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5499763/juliana-v-united-states-of-america/

Last updated March 19, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. for Declaratory and Injunctive Relief Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4236704 Jury Trial Requested: No. Filed by Miko V., Nicholas V., Sahara V., Nathaniel B., Xiuhtezcatl Tonatiuh M., Earth Guardians, Kelsey Cascadia Rose Juliana, Aji P., Future Generations, Victoria B., Sophie K., Avery M., Alexander Loznak, Tia Hatton, Hazel V., Jayden F., Journey Z., Jaime B., Kiran Oommen, Jacob Lebel, Levi D., Isaac V., Zealand B. against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3). (Olson, Julia) (Entered: 08/12/2015)

1 Exhibit A

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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Aug. 12, 2015

Aug. 12, 2015

Clearinghouse
2

Proposed Summons (Attachments: # 1 Civil Cover Sheet) Filed by All Plaintiffs. (Olson, Julia) (Entered: 08/12/2015)

1 Civil Cover Sheet

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Aug. 12, 2015

Aug. 12, 2015

PACER
3

Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/10/2015. Joint Alternate Dispute Resolution Report is due by 1/11/2016. Pretrial Order is due by 1/11/2016. Ordered by Magistrate Judge Thomas M. Coffin. (kf) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

PACER
4

Summons Issued Electronically as to Ashton Carter, Shaun Donovan, Anthony Foxx, Christy Goldfuss, John Holdren, Sally Jewell, John Kerry, Gina McCarthy, Ernest Moniz, Barack Obama, Office of the President of the United States, Penny Pritzker, United States Department of Agriculture, United States Department of Commerce, United States Department of Defense, United States Department of Energy, United States Department of Interior, United States Department of State, United States Department of Transportation, United States Environmental Protection Agency, Thomas J. Vilsack. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kf) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
5

Proposed Summons Filed by All Plaintiffs. (Olson, Julia) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
6

Summons Issued Electronically as to United States of America. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (kf) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
7

First Amended Complaint for Declaratory and Injunctive Relief. Filed by Nicholas V., Sahara V., Xiuhtezcatl Tonatiuh M., Nathaniel B., Kelsey Cascadia Rose Juliana, Aji P., Victoria B., Jaime B., Jayden F., Isaac V., Miko V., Earth Guardians, Future Generations, Sophie K., Avery M., Alexander Loznak, Tia Marie Hatton, Hazel V., Journey Z., Kiran Isaac Oommen, Jacob Lebel, Levi D., Zealand B. against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3). (Olson, Julia) (Entered: 09/10/2015)

1 Exhibit A

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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Sept. 10, 2015

Sept. 10, 2015

Clearinghouse
8

Notice of Appearance of Justin Torres appearing on behalf of All Defendants Filed by on behalf of All Defendants (Torres, Justin) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
9

Motion for Leave to Appear Pro Hac Vice for Attorney Philip L. Gregory . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4293065. Filed by All Plaintiffs. (Galpern, Daniel) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
10

ORDER: Granting Application for Special Admission Pro Hac Vice of Philip L. Gregory for Jaime B.,Philip L. Gregory for Nathaniel B.,Philip L. Gregory for Victoria B.,Philip L. Gregory for Zealand B.,Philip L. Gregory for Levi D.,Philip L. Gregory for Earth Guardians,Philip L. Gregory for Jayden F.,Philip L. Gregory for Future Generations,Philip L. Gregory for Tia Marie Hatton,Philip L. Gregory for Kelsey Cascadia Rose Juliana,Philip L. Gregory for Sophie K.,Philip L. Gregory for Jacob Lebel,Philip L. Gregory for Alexander Loznak,Philip L. Gregory for Avery M.,Philip L. Gregory for Xiuhtezcatl Tonatiuh M.,Philip L. Gregory for Kiran Isaac Oommen,Philip L. Gregory for Aji P.,Philip L. Gregory for Hazel V.,Philip L. Gregory for Isaac V.,Philip L. Gregory for Miko V.,Philip L. Gregory for Nicholas V.,Philip L. Gregory for Sahara V.,Philip L. Gregory for Journey Z.. Application Fee in amount of $100 collected. Receipt No. 0979-4293065 issued. Signed on 9/23/15 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 09/24/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
11

Notification of CM/ECF Account for Attorney Philip L. Gregory (appearing Pro Hac Vice). Your login is: plgregory. Go to the CM/ECF login page to set your password. (ljb) (Entered: 09/24/2015)

Sept. 23, 2015

Sept. 23, 2015

PACER
12

Consent Motion for Extension of Time to Answer or File Responsive Pleading. Filed by All Defendants. (Attachments: # 1 Proposed Order) (Torres, Justin) (Entered: 09/28/2015)

1 Proposed Order

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Sept. 28, 2015

Sept. 28, 2015

PACER
13

ORDER: Granting Motion for Extension of Time to Answer 12 . Answer is due by 11/13/2015. Response to any motions filed by defendants pursuant to Fed. R. Civ. P. 12 are due by 12/11/2015. Reply in support of any motions filed by defendants pursuant to Fed. R. Civ. P. 12 are due by 12/30/2015. Oral Argument on any motions will set after the motions have been filed. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

PACER
14

Motion to Intervene . Oral Argument requested. Filed by The National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, American Petroleum Institute. (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
15

Memorandum in Support of Motion to Intervene. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Related document(s): Motion to intervene 14 .) (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
16

Declaration of Dr. Chad Moutray of the National Association of Manufacturers in Support of Proposed Intervenor-Defendants' Motion for Intervention. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Related document(s): Motion to intervene 14 .) (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
17

Declaration of Howard J. Feldman of the American Petroleum Institute in Support of Proposed Intervenor-Defendants' Motion for Intervention. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Related document(s): Motion to intervene 14 .) (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
18

Declaration of David Friedman of American Fuel & Petrochemical Manufacturers in Support of Proposed Intervenor-Defendants' Motion for Intervention. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Related document(s): Motion to intervene 14 .) (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
19

Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by The National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, American Petroleum Institute. (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
20

Memorandum in Support of Intervenor-Defendants' Motion to Dismiss. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Related document(s): Motion to Dismiss, Motion to Dismiss for Failure to State a Claim,, 19 .) (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

RECAP
21

Motion for Leave to Appear Pro Hac Vice for Attorney Quin M. Sorenson . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4366747. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
22

Motion for Leave to Appear Pro Hac Vice for Attorney Benjamin E. Tannen . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4366779. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
23

Motion for Leave to Appear Pro Hac Vice for Attorney Roger R. Martella, Jr. . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4366788. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

PACER
24

Corporate Disclosure Statement Intervenor-Defendants' Corporate Disclosure Statement. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 11/13/2015)

Nov. 13, 2015

Nov. 13, 2015

PACER
25

Consent Motion for Extension of Time to Answer or File Responsive Pleading. Filed by All Defendants. (Attachments: # 1 Proposed Order) (Torres, Justin) (Entered: 11/13/2015)

1 Proposed Order

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Nov. 13, 2015

Nov. 13, 2015

PACER
26

ORDER: Granting Motion for Extension of Time to Answer 25 . Answer is due by 11/18/2015. Response to any motions filed by defendants pursuant to Fed. R. Civ. P. 12 are due by 12/16/2015. Reply in support of any motions filed by defendants pursuant to Fed. R. Civ. P. 12 are due by 12/31/2015. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
28

ORDER: Granting Application for Special Admission Pro Hac Vice of Roger R. Martella, Jr for American Fuel & Petrochemical Manufacturers,Roger R. Martella, Jr for American Petroleum Institute,Roger R. Martella, Jr for The National Association of Manufacturers. Application Fee in amount of $100 collected. Receipt No. 0979-4366788 issued. Signed on 11/16/15 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 11/19/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
29

ORDER: Granting Application for Special Admission Pro Hac Vice of Benjamin E. Tannen for American Fuel & Petrochemical Manufacturers,Benjamin E. Tannen for American Petroleum Institute,Benjamin E. Tannen for The National Association of Manufacturers. Application Fee in amount of $100 collected. Receipt No. 0979-4366779 issued. Signed on 11/16/15 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 11/19/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
30

Notification of CM/ECF Account for Attorney Benjamin E. Tannen (Pro Hac Vice admission). Your login is: betannen. Go to the CM/ECF login page to set your password. (ljb) (Entered: 11/19/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
31

ORDER: Granting Application for Special Admission Pro Hac Vice of Quin M. Sorenson for American Fuel & Petrochemical Manufacturers,Quin M. Sorenson for American Petroleum Institute,Quin M. Sorenson for The National Association of Manufacturers. Application Fee in amount of $100 collected. Receipt No. 0979-4366747 issued. Signed on 11/16/15 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 11/19/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
32

Notification of CM/ECF Account for Attorney Quin M. Sorenson (Pro Hac Vice admission). Your login is: qmsorenson. Go to the CM/ECF login page to set your password. (ljb) (Entered: 11/19/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
27

Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by All Defendants. (Attachments: # 1 Memorandum of Points & Authorities, # 2 Exhibit Declaration of Cassandra Bernstein, # 3 Proposed Order) (Torres, Justin) (Entered: 11/17/2015)

1 Memorandum of Points & Authorities

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2 Exhibit Declaration of Cassandra Bernstein

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3 Proposed Order

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Nov. 17, 2015

Nov. 17, 2015

PACER
33

Response in Opposition to Motion to Intervene 14 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Attachment Declaration of Julia A. Olson In Support of Plaintiffs' REsponse in Opposition to Motion to Intervene) (Olson, Julia) (Entered: 11/30/2015)

1 Attachment Declaration of Julia A. Olson In Support of Plaintiffs' REsponse

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Nov. 30, 2015

Nov. 30, 2015

PACER
34

Notice of Attorney Substitution:Attorney Sean C. Duffy is substituted as counsel of record in place of Attorney Justin Torres Filed by All Defendants (Duffy, Sean) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

PACER
35

Consent Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 27 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Olson, Julia) (Entered: 12/11/2015)

1 Proposed Order

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Dec. 11, 2015

Dec. 11, 2015

PACER
36

ORDER: Granting Motion for Extension of Time to File Response/Reply to Motion to Dismiss 27 filed by United States Department of Interior, Thomas J. Vilsack, Barack Obama, Christy Goldfuss, Penny Pritzker, Gina McCarthy, John Holdren, Shaun Donovan, Office of the President of the United States, United States Department of Commerce, Anthony Foxx, John Kerry, United States Department of Defense, United States Department of Transportation, Ashton Carter, Sally Jewell, United States of America, United States Department of Agriculture, United States Department of State, Ernest Moniz, United States Department of Energy, United States Environmental Protection Agency. Response is due by 1/6/2016. Reply is due by 2/3/2016. Oral Argument is set for 2/17/2016 at 02:00PM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
37

Reply in Support of Proposed Intervenor-Defendants' Motion to Intervene. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Related document(s): Motion to intervene 14 .) (Eckert, C.) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
38

Scheduling Order by Magistrate Judge Thomas M. Coffin regarding Motion to Intervene 14 . Oral Argument is set for 1/13/2016 at 02:00PM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. The court will initiate the call. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
39

Motion to File Excess Pages on January 6, 2016 Response re Order on motion for extension of time to file Response/Reply,,, 36 . Filed by All Plaintiffs. (Attachments: # 1 Proposed Order) (Olson, Julia) (Entered: 01/05/2016)

1 Proposed Order

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Jan. 5, 2016

Jan. 5, 2016

PACER
40

ORDER: Granting Motion to File Excess Pages 39 . Plaintiffs are allowed to file a response in opposition to the motion to dismiss 27 not to exceed 45 pages. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
41

Response in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 27, Consent Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 27 35, Motion to File Excess Pages on January 6, 2016 Response re Order on motion for extension of time to file Response/Reply,,, 36 39 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Attachment Declaration of Alex Loznak in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 2 Attachment Declaration of Avery M. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 3 Attachment Declaration of Jacob Lebel in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 4 Attachment Declaration of Jaime B. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 5 Attachment Declaration of Journey Z. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 6 Attachment Declaration of Kelsey Juliana in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 7 Attachment Declaration of Levi D. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 8 Attachment Declaration of Sahara V. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 9 Attachment Declaration of Victoria B. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 10 Attachment Declaration of Xiuhtezcatl M. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss, # 11 Attachment Declaration of Zealand B. in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss) (Olson, Julia) (Entered: 01/06/2016)

1 Attachment Declaration of Alex Loznak in Support of Plaintiffs' Opposition

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2 Attachment Declaration of Avery M. in Support of Plaintiffs' Opposition to

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3 Attachment Declaration of Jacob Lebel in Support of Plaintiffs' Opposition

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4 Attachment Declaration of Jaime B. in Support of Plaintiffs' Opposition to

View on PACER

5 Attachment Declaration of Journey Z. in Support of Plaintiffs' Opposition t

View on PACER

6 Attachment Declaration of Kelsey Juliana in Support of Plaintiffs' Oppositi

View on RECAP

7 Attachment Declaration of Levi D. in Support of Plaintiffs' Opposition to D

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8 Attachment Declaration of Sahara V. in Support of Plaintiffs' Opposition to

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9 Attachment Declaration of Victoria B. in Support of Plaintiffs' Opposition

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10 Attachment Declaration of Xiuhtezcatl M. in Support of Plaintiffs' Oppositi

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11 Attachment Declaration of Zealand B. in Support of Plaintiffs' Opposition t

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Jan. 6, 2016

Jan. 6, 2016

RECAP
42

Supplemental Declaration of Dr. James E. Hansen in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,,,,,, 41 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Olson, Julia) (Entered: 01/06/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Jan. 6, 2016

Jan. 6, 2016

PACER
43

Declaration of Julia A. Olson in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,,,,,, 41 .) (Olson, Julia) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
44

Declaration of Dr. Michael C. MacCracken in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,,,,,, 41 .) (Olson, Julia) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
45

Proposed Form of Order Submitted Denying Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Olson, Julia) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
46

Declaration of John E. Davidson in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,,,,,, 41 .) (Olson, Julia) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

PACER
47

Supplemental Declaration of Dr. James E. Hansen Corrected with Caption. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,,,,,, 41 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Olson, Julia) (Entered: 01/08/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Jan. 8, 2016

Jan. 8, 2016

PACER
48

ORDER: The order setting oral argument on the Motion to Intervene 14 38 is amended as follows: parties who wish to participate in the hearing are ordered to call into the Court's conference line no less than 5 minutes prior to the scheduled hearing. The conference information will be be sent to the parties by separate e-mail. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
49

MINUTES of Proceedings: Telephone Motion Hearing. Order granting Motion to Intervene 14 . Formal order to follow. Response to Intervenor's Motion to Dismiss 19 is due by 2/2/2016. Oral Argument re: Motions to Dismiss 19 and 27 is reset from 2/17/2016 to 3/9/2016 at 10:00AM in Eugene Courtroom 4 before Magistrate Judge Thomas M. Coffin Julia Olson; Philip Gregory; Daniel Galpern present as counsel for plaintiffs. Sean Duffy present as counsel for defendants. Marie Eckert; Quin Sorenson present as counsel for intervenors. (Court Reporter Deborah Bonds.) Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
50

ORDER: Granting Motion to Intervene 14 . Signed on 1/14/2016 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

RECAP
51

Motion to Appear as Amicus Curiae . Filed by Global Catholic Climate Movement and Leadership Council of Women Religious. (Attachments: # 1 Attachment AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFFS) (Tebbutt, Charles) (Entered: 01/15/2016)

1 Attachment AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFFS

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Jan. 15, 2016

Jan. 15, 2016

PACER
52

Consent Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 27 . Filed by All Defendants. (Duffy, Sean) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

PACER
53

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Hearing held on 1/13/2016 before Judge Thomas M. Coffin, Court Reporter Deborah M. Bonds, telephone number 541-485-0111. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/11/2016. Redaction Request due 2/25/2016. Redacted Transcript Deadline set for 3/7/2016. Release of Transcript Restriction set for 5/5/2016. (Anderson, Kristi) (Entered: 02/01/2016)

Feb. 1, 2016

Feb. 1, 2016

PACER
54

ORDER: Granting Motion for Extension of Time to File Reply to Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction 27 filed by United States Department of Interior, Thomas J. Vilsack, Barack Obama, Christy Goldfuss, Penny Pritzker, Gina McCarthy, John Holdren, Shaun Donovan, Office of the President of the United States, United States Department of Commerce, Anthony Foxx, John Kerry, United States Department of Defense, United States Department of Transportation, Ashton Carter, Sally Jewell, United States of America, United States Department of Agriculture, United States Department of State, Ernest Moniz, United States Department of Energy, United States Environmental Protection Agency. Reply is due by 2/10/2016. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
55

ORDER: Granting Motion to Appear as Amicus Curiae 51 . Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
56

Response in Opposition to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 Motion to Dismiss for Failure to State a Claim 19 Oral Argument requested. Filed by All Plaintiffs. (Olson, Julia) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
57

Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 27 . Filed by All Defendants. (Duffy, Sean) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
58

Motion to Strike . Expedited Hearing requested. Filed by All Defendants. (Duffy, Sean) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER
59

Reply Entitled Reply in Support of Intervenor-Defendants' Motion to Dismiss to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 Motion to Dismiss for Failure to State a Claim 19 . Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
60

Amicus Motion to Appear as Amicus Curiae . Filed by John Davidson. (Blackwell, Michelle) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
61

Response in Opposition to Motion to Strike 58 . Filed by All Plaintiffs. (Olson, Julia) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
62

Response in Opposition to Amicus Motion to Appear as Amicus Curiae 60 . Filed by All Defendants. (Duffy, Sean) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER
63

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Thomas M. Coffin to Magistrate Judge Jolie A. Russo. (eo) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
64

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Jolie A. Russo to Magistrate Judge Thomas M. Coffin. NOTE: This case was reassigned from Judge Coffin to Judge Russo in error. This reassignment corrects that error and reassigns the case back to Judge Coffin. (eo) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
65

Response Entitled: Intervenors' Opposition to Motion for Leave to File Amicus Curiae Brief [ECF No. 60] to Amicus Motion to Appear as Amicus Curiae 60 . Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 03/07/2016)

March 7, 2016

March 7, 2016

PACER
66

MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss 27 and Motion to Dismiss 19 . Motions are taken under advisement as of 3/14/2016. Julia Olson present as counsel for plaintiffs. Sean Duffy present as counsel for defendants. Quin Sorenson present as counsel for intervenors. Court Reporter: Kristi Anderson. Magistrate Judge Thomas M. Coffin presiding. (plb) (Entered: 03/09/2016)

March 9, 2016

March 9, 2016

PACER
67

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Hearing held on 3/9/2016 before Judge Thomas M. Coffin, Court Reporter Kristi Anderson, telephone number 541-431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/15/2016. Redaction Request due 4/29/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/8/2016. (Anderson, Kristi) (Entered: 04/05/2016)

April 5, 2016

April 5, 2016

PACER
68

Order and Findings & Recommendation: Order denying Motion to Strike 58 . Findings & Recommendation: Motion to Dismiss 19, Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction 27 should be denied. Objections to the Findings and Recommendation are due by 4/25/2016. Signed on 4/8/2016 by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

RECAP
69

Order referring Motion to Dismiss 19, Findings & Recommendation 68, Motion to Dismiss 27 to Judge Ann L. Aiken. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
70

ORDER: Granting Motion to Appear as Amicus Curiae 60 . Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 04/08/2016)

April 8, 2016

April 8, 2016

PACER
71

Unopposed Motion for Extension of Time to File an Objection to Findings and Recommendation to 68 . Expedited Hearing requested. Filed by All Defendants. (Duffy, Sean) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
72

ORDER: Granting Motion for Extension of Time to File Objection to F & R 71 . Objections to the Findings and Recommendation are due by 5/2/2016. Ordered by Judge Ann L. Aiken. (rh) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

PACER
73

Objections to Findings & Recommendation: Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 Motion to Dismiss for Failure to State a Claim 19, Motion to Dismiss for Failure to State a Claim Motion to Dismiss 68 Oral Argument requested. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 05/02/2016)

May 2, 2016

May 2, 2016

PACER
74

Objections to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction 27, Findings & Recommendation: Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1 Motion to Dismiss for Failure to State a Claim 19, Motion to Dismiss for Failure to State a Claim Motion to Dismiss 68 . Filed by All Defendants. (Attachments: # 1 Exhibit) (Duffy, Sean) (Entered: 05/02/2016)

1 Exhibit

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May 2, 2016

May 2, 2016

PACER
75

Response to Objections to Findings & Recommendation. of Federal Defendants Related document(s): 74 Objections to Findings & Recommendation,. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Olson, Julia) (Entered: 05/16/2016)

1 Exhibit 1

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May 16, 2016

May 16, 2016

PACER
76

Response to Objections to Findings & Recommendation. of Intervenor Defendants Related document(s): 73 Objections to Findings & Recommendation,. Filed by All Plaintiffs. (Olson, Julia) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
77

Scheduling Order by Judge Ann L. Aiken regarding Findings & Recommendation 68 : Motion to Dismiss 19, Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction 27 should be denied. Oral Argument is set for 9/13/2016 at 10:00AM in Eugene Courtroom 1 before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. (rh) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
78

Declaration of Jayden F in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,,,,,, 41, Response to Objections to Findings & Recommendation 76, Response to Objections to Findings & Recommendation 75, Response in Opposition to Motion, 56 .) (Attachments: # 1 Exhibit A) (Olson, Julia) (Entered: 09/07/2016)

1 Exhibit A

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Sept. 7, 2016

Sept. 7, 2016

PACER
79

Motion to Appear as Amicus Curiae . Filed by League of Women Voters of the United States/League of Women Voters of Oregon. (Attachments: # 1 Proposed Document) (Eiva, Travis) (Entered: 09/12/2016)

1 Proposed Document

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Sept. 12, 2016

Sept. 12, 2016

PACER
80

Notice re Response in Opposition to Motion 41, Response to Objections to Findings & Recommendation 76, Response to Objections to Findings & Recommendation 75, Response in Opposition to Motion, 56 of Supplemental Authority Filed by All Plaintiffs (Related document(s): Response in Opposition to Motion 41, Response to Objections to Findings & Recommendation 76, Response to Objections to Findings & Recommendation 75, Response in Opposition to Motion, 56 .) (Olson, Julia) Modified to correct typos on 9/14/2016 (ljb). (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
81

MINUTES of Proceedings: Motion Hearing Held regarding Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction 27, Motion to Dismiss, Motion to Dismiss for Failure to State a Claim 19, and Findings & Recommendation 68 . Motions are taken under advisement as of 9/19/2016. Julia Olson present as counsel for plaintiffs. Sean Duffy present as counsel for defendants. Quin Sorenson present as counsel for intervenors. Court Reporter: Kristi Anderson. Judge Ann L. Aiken presiding. (plb) (Entered: 09/29/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
82

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Hearing held on 9/13/16 before Judge Ann Aiken, Court Reporter Kristi Anderson, telephone number 541-431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/17/2016. Redaction Request due 10/31/2016. Redacted Transcript Deadline set for 11/10/2016. Release of Transcript Restriction set for 1/9/2017. (Anderson, Kristi) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
83

ORDER: Granting Findings and Recommendation. The Court adopts Judge Coffin's Findings & Recommendation 68, as elaborated in this opinion. Defendants' Motion to Dismiss 27 and Intervenors' Motion to Dismiss 19 are DENIED. 68 . Signed on 11/10/2016 by Judge Ann L. Aiken. (rr) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

Clearinghouse
84

ORDER: Denying Motion to Dismiss 19 ; Denying 19 Motion to Dismiss for Failure to State a Claim. See, formal Order and Opinion 83 Ordered on 11/10/2016 by Judge Ann L. Aiken. (rr) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
85

ORDER: Denying 27 Motion to Dismiss for Failure to State a Claim; Denying Motion to Dismiss Case for Lack of Jurisdiction 27 . See, formal Order and Opinion 83 . Ordered on 11/10/2016 by Judge Ann L. Aiken. (rr) (Entered: 11/10/2016)

Nov. 10, 2016

Nov. 10, 2016

PACER
86

Scheduling Order by Magistrate Judge Thomas M. Coffin. Rule 16 Conference is set for 11/28/2016 at 10:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. Call-in information will be sent to the parties by separate order. The parties are ordered to call in at least five (5) minutes prior to the scheduled hearing. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, magistrate consent, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Ordered issued by the court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. Pursuant to this minute order the parties are relieved of their responsibility set forth in the Discovery and Pretrial Scheduling Order, Section (c). Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
87

Motion for Extension of Time to Answer First Amended Complaint,, 7 . Filed by The National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, American Petroleum Institute. (Eckert, C.) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

RECAP
88

Motion for Extension of Time to Answer . Expedited Hearing requested. Filed by All Defendants. (Duffy, Sean) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
89

Response in Opposition to Motion for Extension of Time to Answer 88, Motion for Extension of Time to Answer First Amended Complaint,, 7 87 . Filed by All Plaintiffs. (Olson, Julia) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
90

ORDER: Granting Motions for Extension of Time to Answer 87 and 88 insofar as the current answer deadlines of 11/28/2016 are vacated. In addition to hearing from the parties regarding a discovery and pretrial schedule, the court will hear further argument with regard to the requested answer deadlines by defendants and intervenor defendants at the Rule 16 Conference set for 11/28/2016 at 10:00AM by Telephone before Magistrate Judge Thomas M. Coffin. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
91

MINUTES of Proceedings: Telephone Rule 16 Conference. Order granting Motions for Extension of Time to Answer 87 and 88 . Intervenor Defendants' answers are due by 12/15/2016. Defendants' answers are due by 1/13/2017. No further extensions of time will be allowed. Parties are ordered to meet and confer after answers are filed regarding a pretrial schedule and to file status reports by 1/31/2017 with a proposed schedule. Rule 16 Conference is continued to 2/7/2017 at 10:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. Call-in information will be sent by separate order. The parties are ordered to call in at least 5 minutes before the scheduled hearing. Julia Olson; Philip Gregory present as counsel for plaintiffs. Sean Duffy present as counsel for defendants. Benjamin Tannen; Marie Eckert; Quin Sorenson present as counsel for intervenor defendants. (Court Reporter Kristi Anderson.)Magistrate Judge Thomas M. Coffin presiding. (plb) Added counsel present for intervenor defendants on 1/11/2017 (plb). (Entered: 11/30/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
92

ORDER: Granting Motion to Appear as Amicus Curiae 79 . Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
93

Answer to 7 Amended Complaint,, Titled: Intervenor-Defendants' Answer to First Amended Complaint for Declaratory and Injunctive Relief. Filed by The National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, American Petroleum Institute. (Eckert, C.) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
94

Notice of Attorney Withdrawal: Titled: Intervenor-Defendants' Notice of Withdrawal of Attorney Quin M. Sorenson Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers (Eckert, C.) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
95

Motion for Leave to Appear Pro Hac Vice for Attorney Frank R. Volpe . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4860282. Filed by American Fuel & Petrochemical Manufacturers, American Petroleum Institute, The National Association of Manufacturers. (Eckert, C.) (Entered: 01/04/2017)

Jan. 4, 2017

Jan. 4, 2017

PACER
96

ORDER: Granting Application for Special Admission Pro Hac Vice of Frank R. Volpe for American Fuel & Petrochemical Manufacturers,Frank R. Volpe for American Petroleum Institute,Frank R. Volpe for The National Association of Manufacturers. Application Fee in amount of $300 collected. Receipt No. 0979-4860282 issued. Signed on 1/10/17 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 01/11/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
97

Notification of CM/ECF Account for Frank R. Volpe (Pro Hac Vice admission). Your login is: frvolpe. Go to the CM/ECF login page to set your password. (ljb) (Entered: 01/11/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
98

Answer to 7 Amended Complaint,, . Filed by United States of America, Ashton Carter, United States Department of Energy, Office of the President of the United States, Sally Jewell, Anthony Foxx, Thomas J. Vilsack, United States Environmental Protection Agency, Barack Obama, Ernest Moniz, John Kerry, Christy Goldfuss, United States Department of State, Shaun Donovan, United States Department of Agriculture, John Holdren, United States Department of Commerce, United States Department of Transportation, Gina McCarthy, United States Department of Defense, United States Department of Interior. (Duffy, Sean) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

RECAP
99

Scheduling Order by Magistrate Judge Thomas M. Coffin. Discovery Hearing is set for 1/27/2017 at 09:00AM in Eugene by telephone before Magistrate Judge Thomas M. Coffin. Call-in information will be sent by separate order. The parties are ordered to call in at least 5 minutes prior to the scheduled hearing. Ordered by Magistrate Judge Thomas M. Coffin. (plb) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
100

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Hearing held on 11/28/2016 before Judge Thomas M. Coffin, Court Reporter Kristi Anderson, telephone number 541-431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/3/2017. Redaction Request due 2/17/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/27/2017. (Anderson, Kristi) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Environmental Justice

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 12, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Teenagers in Oregon seeking to challenge the federal government's inaction in the face of climate change.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of the Interior, Federal

U.S. Department of Transportation, Federal

U.S. Department of Agriculture, Federal

U.S. Department of Commerce, Federal

U.S. Department of Defense, Federal

U.S. Department of State, Federal

United States of America, Federal

U.S. Environmental Protection Agency, Federal

U.S. Department of Energy, Federal

President of the United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Petroleum and petroleum byproducts

Discrimination-basis:

Age discrimination