Juliana v. United States, No. 18-36082 (9th Cir. 2020)Annotate this Case
The Ninth Circuit reversed the district court's interlocutory orders in an action brought by plaintiffs, an environment organization and individual plaintiffs, alleging climate-change related injuries caused by the federal government continuing to "permit, authorize, and subsidize" fossil fuel. In this case, a substantial evidentiary record documents that the federal government has long promoted fossil fuel use despite knowing that it can cause catastrophic climate change, and that failure to change existing policy may hasten an environmental apocalypse.
The panel first rejected the government's contention that plaintiffs' claim must proceed, if at all, under the Administrative Procedure Act. Although plaintiffs had concrete and particularized injuries and the district court properly found the Article III causation requirement satisfied, the panel reluctantly concluded that plaintiffs' injuries were not redressable by an Article III court. The panel held that it was beyond the power of an Article III court to order, design, supervise, or implement plaintiffs' requested remedial plan. Rather, the panel stated that plaintiffs' impressive case for redress must be presented to the political branches of government. Accordingly, the panel remanded with instructions to dismiss for lack of Article III standing.
The court issued a subsequent related opinion or order on February 10, 2021.