Wednesday, 14 November, 2018

Appeals Court Says Teen Climate Lawsuit Can Go To Trial

Juliana v. United States plaintiffs attend a hearing in San Francisco in December The youth plaintiffs in Juliana v. United States attended the Ninth Circuit hearing in December
Laurie Berry | 09 March, 2018, 15:28

The U.S. Court of Appeals for the Ninth Circuit on Wednesday denied the DOJ's petition for a writ of mandamus, finding the request to knock out the lawsuit was "entirely premature".

"There is little doubt that the legal theories asserted in this case raise issues of first impression", Thomas wrote, "but the district court's order denying a motion to dismiss on the pleadings - which is all that has happened thus far - does not present the possibility that those issues will evade appellate review".

The Trump administration can not short circuit a federal climate change lawsuit brought by a group of 21 children and teenagers, an appellate court ruled on Wednesday, likely sending the ambitious case back to a lower court in OR for trial.

On Wednesday, the three-judge panel of the court of appeals said that this case should be settled through trial. The plaintiffs just won a victory: the Ninth Circuit Court of Appeals ruled the case can indeed move towards a trial, Bloomberg reported.

Federal appeals court rules for fired transgender funeral director
After filing a complaint with the Equal Employment Opportunity Commission , the organization sued the funeral home on her behalf. Gary McCaleb, senior counsel at Alliance Defending Freedom , said the Sixth Circuit was erroneous in its conclusions.

The plaintiffs - 11 of whom are from OR, including six from Eugene - said they are eager to move forward. "We will ask the district court for a trial date in 2018 where we will put the federal government's risky energy system and climate policies on trial for infringing the constitutional rights of young people". She said they'll ask for a trial date in 2018.

The Trump administration can't skirt litigating a case where almost two dozen kids accuse the government of failing to ensure that future generations will inherit a clean planet able to support human life, the Ninth Circuit ruled. "This favorable decision allows us 21 youth to share expert testimonies of climate dangers in the face of existing fossil fuel energy policies".

They said this has deprived them of their due process rights to life, liberty and property, including to live in a habitable climate.

Another plaintiff, 13-year-old Sahara Valentine of Eugene, said, "To our supporters: be ready for the new trial date and plan on being with us at the courthouse here, in Eugene, where our voices will be heard". This is generally considered an extraordinary remedy, and the Ninth Circuit panel decided 3-0 that a halt was not justified in this case, and hard to justify in general. United States, takes its name from lead plaintiff Kelsey Juliana. They were helped in the litigation by former NASA climate scientist James Hansen, whose granddaughter Sophie Kivlehan is one of the student plaintiffs.

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