Youth Climate Plaintiffs Seek Rehearing After Ninth Circuit Loss

Young people at the helm of Juliana v. US want appellate judges to give their case another look, after a panel dismissed their amended complaint last month.

Attorneys from the legal nonprofit Our Children’s Trust filed a petition for rehearing on Monday at the US Court of Appeals for the Ninth Circuit, asking for a re-examination of Juliana with a full suite of judges.

The petition is one of the few options available to the plaintiffs after judges granted a Justice Department mandamus bid to have the suit quashed on May 1, ruling that the plaintiffs lack standing to continue.

Juliana attorneys told the Ninth Circuit that the government relied on the “extraordinary remedy” of mandamus to have the case tossed, rather than letting the suit appropriately proceed in district court.

“The Order simultaneously usurps district courts’ broad discretion to allow plaintiffs to amend complaints after a jurisdictional dismissal, thereby burdening district courts with contradictory direction regarding how to interpret a mandate that dismisses a case without any reference to amendment or prejudice,” according to the petition.

The case was brought to district court by 21 climate-concerned young people in 2015, looking to hold the then-Obama administration accountable for fossil fuel development that they claim infringes on their constitutional rights. The case has spanned three administrations since it was filed.

Philip Gregory of Redwood City, Calif., also represents the plaintiffs.

The case is United States v. U.S. Dist. Court for the Dist. of Or., 9th Cir., No. 24-684, Petition for Rehearing 6/17/24.