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Article

7 Mar 2018

Author:
Our Children Trust (USA)

Ninth Circuit Rules in Favor of Youth Plaintiffs, Rejects Trump’s Attempt to Evade Constitutional Climate Trial

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...Chief Judge Sidney R. Thomas...rejected the Trump administration’s “drastic and extraordinary” petition for writ of mandamus in the landmark climate lawsuit, Juliana v. United States, brought by 21 youth supported by Our Children’s Trust.  The Court ruled that the Juliana case can proceed toward trial...and that the Trump administration had not satisfied the factors necessary for an extraordinary writ of mandamus...The Trump administration’s mandamus petition sought early review of U.S. District Court Judge Ann Aiken’s 2016 denial of motions to dismiss the youth’s lawsuit, which seeks a constitutionally compliant national energy system and science-based climate recovery action by the federal government...[T]he Ninth Circuit ruled that the federal government had not established that it was harmed by any discovery order and had not met the factors for issuing an extraordinary writ...

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