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Case Name Juliana v. United States EJ-OR-0001
Docket / Court 6:15-cv-01517 ( D. Or. )
State/Territory Oregon
Case Type(s) Environmental Justice
Special Collection Take Care
Case Summary
On August 12, 2015, a group of young individuals (aged 8-19) in Oregon, represented by their guardians, filed a complaint against the United States and various government officials in the U.S. District Court for the District of Oregon. The plaintiffs, represented by private counsel, asserted harm ... read more >
On August 12, 2015, a group of young individuals (aged 8-19) in Oregon, represented by their guardians, filed a complaint against the United States and various government officials in the U.S. District Court for the District of Oregon. The plaintiffs, represented by 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 and Equal Protection clause, 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 plaintiffs filed an amended complaint on September 10 with slight changes. On November 12, the National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, American Petroleum Institute moved to intervene as defendants and Magistrate Judge Thomas M. Coffin granted this motion on January 14, 2016. 2016 WL 183903.

On November 17, 2015, the defendants 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 defendants 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 defendant filed a writ of mandamus in the Ninth Circuit Court of Appeals which the circuit court denied.

The defendants filed a motion for judgment on the pleadings on May 9, 2018 and then a motion for summary judgment on May 22, 2017. On October 15, Judge Aiken ordered that the motion for judgment on the pleadings was granted in part and denied in part. Similarly, defendants’ motion for summary judgment was granted in part and denied in part. Judge Aiken found that genuine issue of material fact existed as to whether activists suffered injury in fact, whether equitable remedy could redress injuries, and whether federal government acted with deliberate indifference to human safety. 339 F.Supp.3d 1062.

On October 18, 2018, the defendant filed a writ of mandamus to the Supreme Court as well as an application for a stay pending disposition of this writ of mandamus. The next day, the Supreme Court issued an administrative order staying the trial scheduled on October 29 and all discovery. On November 2, the Supreme Court denied the application for stay without prejudice.

On November 21, the district court found sufficient cause to revisit the question of interlocutory appeal and certified this case for interlocutory appeal. Accordingly, the case is stayed pending a decision by the Ninth Circuit Court of Appeals.

Sichun Liu - 03/07/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
General
Government Services (specify)
Pattern or Practice
Petroleum and petroleum byproducts
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) President of the United States
U.S. Department of Energy
U.S. Environmental Protection Agency
United States of America
Plaintiff Description American citizen teenagers residing in Oregon
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2015
Case Ongoing Yes
Docket(s)
6:15-cv-1517 (D. Or.)
EJ-OR-0001-9000.pdf | Detail
Date: 01/10/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
EJ-OR-0001-0001.pdf | Detail
Date: 08/12/2015
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory and Injunctive Relief [ECF# 7]
EJ-OR-0001-0002.pdf | Detail
Date: 09/10/2015
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 83] (217 F.Supp.3d 1224) (D. Or.)
EJ-OR-0001-0003.pdf | WESTLAW| LEXIS | Detail
Date: 11/10/2016
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 369] (339 F.Supp.3d 1062) (D. Or.)
EJ-OR-0001-0004.pdf | WESTLAW| LEXIS | Detail
Date: 10/15/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Aiken, Ann L. (D. Or.) show/hide docs
EJ-OR-0001-0003 | EJ-OR-0001-0004 | EJ-OR-0001-9000
Plaintiff's Lawyers Galpern, Daniel M. (Oregon) show/hide docs
EJ-OR-0001-0001 | EJ-OR-0001-0002 | EJ-OR-0001-9000
Gregory, Phillip L. (California) show/hide docs
EJ-OR-0001-0001 | EJ-OR-0001-0002 | EJ-OR-0001-9000
Olson, Julia A. (Oregon) show/hide docs
EJ-OR-0001-0001 | EJ-OR-0001-0002 | EJ-OR-0001-9000
Rodgers, Andrea (Washington) show/hide docs
EJ-OR-0001-9000
Defendant's Lawyers Boronow, Clare (Colorado) show/hide docs
EJ-OR-0001-9000
Duffy, Sean C. (District of Columbia) show/hide docs
EJ-OR-0001-9000
Dykema, Peter Kryn (District of Columbia) show/hide docs
EJ-OR-0001-9000
Eckert, C. Marie (Oregon) show/hide docs
EJ-OR-0001-9000
Hopson, Mark Daniel (District of Columbia) show/hide docs
EJ-OR-0001-9000
Martella, Roger R. Jr. (District of Columbia) show/hide docs
EJ-OR-0001-9000
Norman, Erika (District of Columbia) show/hide docs
EJ-OR-0001-9000
Piropato, Marissa (District of Columbia) show/hide docs
EJ-OR-0001-9000
Singer, Frank J. (District of Columbia) show/hide docs
EJ-OR-0001-9000
Sorenson, Quin M (District of Columbia) show/hide docs
EJ-OR-0001-9000
Tannen, Benjamin E (District of Columbia) show/hide docs
EJ-OR-0001-9000
Torres, Justin (District of Columbia) show/hide docs
EJ-OR-0001-9000
Volpe, Frank R. (District of Columbia) show/hide docs
EJ-OR-0001-9000
Other Lawyers Blackwell, Michelle A. (Oregon) show/hide docs
EJ-OR-0001-9000
Eiva, Travis Stephen (Oregon) show/hide docs
EJ-OR-0001-9000
Johnson, Courtney B. (Oregon) show/hide docs
EJ-OR-0001-9000
Malone, Sean T. (Oregon) show/hide docs
EJ-OR-0001-9000
Tebbutt, Charles (Oregon) show/hide docs
EJ-OR-0001-9000

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