The Trump administration filed a writ of mandamus petition with the Ninth Circuit Court of Appeals Friday, seeking an extraordinarily rare review of a Nov. 10, 2016 decision by U.S. District Court Judge Ann Aiken to deny its motion to dismiss Juliana v. United States. Further, the Trump administration is seeking "a stay of proceedings in the district court" while the Ninth Circuit considers its petition.
U.S. District Court Judge Ann Aiken issued an order Thursday denying motions filed by the Trump administration and the fossil fuel industry that sought to appeal her Nov. 10, 2016 order in Juliana v. United States to the Ninth Circuit Court of Appeals.
The order follows the Trump administration's remarkable Tuesday night filing of a notice giving Judge Aiken a deadline of June 9 to issue her order.
In an unusual procedural move, the American Petroleum Institute (API) and American Fuel & Petrochemical Manufacturers filed motions Thursday requesting the court's permission to withdraw from the Juliana v. US climate lawsuit, brought by 21 young people. The associations are following the lead of the National Association of Manufacturers, who filed a similar motion to withdraw on May 22.
After numerous legal efforts trying to get a federal district court in Oregon to throw out a climate lawsuit brought by 21 young people, a defeated National Association of Manufacturers (NAM) filed a motion Monday requesting the court's permission to withdraw from the litigation.
U.S. Magistrate Judge Thomas Coffin emphatically recommended Monday denial of Trump administration and fossil fuel industry defendants' motions seeking to derail the "youthvgov" climate case from trial with a rare early appeal. Such early appeals are "hen's-teeth rare," noted Judge Coffin.
Attorneys representing 21 youth in the Juliana v. United States climate lawsuit have filed opposition briefs to Trump administration and fossil fuel industry defendants' motions that sought again to derail the case from trial. In their filings, the youths' attorneys argue that "any delay in resolving the merits of this case irreversibly prejudices the youth plaintiffs in securing and protecting their fundamental constitutional rights."
In a 2-1 decision Thursday, the Colorado Court of Appeals reversed the Colorado Oil and Gas Conservation Commission's order denying a youth-brought rulemaking petition against fracking and a lower court's order upholding the denial. The court remanded the case to the district court and the commission, finding that the commission erred in its interpretation of Colorado law:
"We therefore conclude that the commission erred in interpreting [the Oil and Gas Conservation Act] as requiring a balance between development and public health, safety and welfare."
Attorneys representing 21 youth plaintiffs in Juliana v. United States served request for production of documents to the U.S. government and the American Petroleum Institute (API), asking both defendants to turn over the "Wayne Tracker" emails, as part of discovery in the climate case.
Lawyers representing fossil fuel defendants in a youth climate lawsuit filed a motion Friday with a U.S. District Court seeking an appeal to the Ninth Circuit Court of Appeals on a Nov. 10, 2016 order in Juliana v. United States. As reported by The Washington Post, the Trump Administration filed a similar motion requesting appeal on Tuesday. Fossil fuel defendants support the Trump Administration's motion.