Department of Justice Seeks Unique Legal Action to Terminate Juliana Climate Lawsuit

The Department of Justice is seeking to put a swift end to the Juliana “Kids Climate Case.” Last month, DOJ filed a motion for a stay in the district court so that the federal government could file a writ of mandamus to dismiss the case before having to engage in meaningful trial preparations. The district court has not ruled on the motion (though the plaintiffs have filed a brief in opposition). Nonetheless, on Friday the Justice Department filed its petition for a writ of mandamus with the U.S. Court of Appeals for the Ninth Circuit. I doubt Judge Aiken will grant the Justice Department’s motion (especially now) but I suspect the Ninth Circuit may look more favorably on the Justice Department’s petition–and if they do not, this case could easily wind up back on the Supreme Court’s docket. Here is how the Justice Department’s filing begins: And here, for comparison, is the introduction to the plaintiffs’ opposition to the motion for a stay.
For those interested, here are my prior posts on the Juliana litigation:

  • “Is Kids Climate Case Coming to an End?” Nov. 26, 2018.
  • “Ninth Circuit Dismisses Kids Climate Case for Lack of Standing (Updated),” Jan. 17, 2020.
  • “Kids Climate Plaintiffs to Seek Rehearing En Banc,” Jan. 20, 2020.
  • “Ninth Circuit Denies Petition for En Banc Rehearing in Kids Climate Case,” Feb. 10, 2021.
  • “Will the Justice Department Settle a Case the Ninth Circuit Already Dismissed?” May 26, 2021.
  • “States Seek to Intervene to Prevent Settlement in Kids Climate Case Ninth Circuit Already Ordered Dismissed,” June 9, 2021.
  • “Blue States File Brief Encouraging District Court to Consider Juliana Settlement,” July 7, 2021.
  • “Juliana Plaintiffs Opt Against Filing Cert Petition in Kids Climate Case,” July 13, 2021.
  • “District Court Judge Revives Kids Climate Case,” June 1, 2023.
  • “The Next Kids Climate Case: Genesis B. v. EPA,” Dec. 15, 2023.
  • “Federal Court Again Refuses to Dismiss Juliana Climate Case,” Jan. 2, 2024.
  • “Justice Department to Seek Mandamus to End Juliana Litigation (Again),” Jan. 29, 2024.