The U.S. Court of Appeals for the 9th Circuit temporarily halted trial proceedings in a lawsuit brought by a group of young people who want the government to do more to combat climate change.
Three of the court's judges in a Nov. 8 order stayed discovery and trial proceedings before Judge Ann Aiken of the U.S. District Court for the District of Oregon, Eugene Division. Chief Judge Sidney Thomas and Circuit Judges Marsha Berzon and Michelle Friedland with the 9th Circuit gave the lawyers representing the youth in the case 15 days to respond to the federal government's request that the appeals court order the lower court to dismiss the lawsuit. The judges also said Aiken could address the petition herself within 15 days if she desires to do so.
The trial proceedings are on hold until the 9th Circuit rules on the Trump administration's request for a writ of mandamus.
A federal court ruling that the government must act on climate change could have wide-reaching implications for U.S. energy policy, particularly if the case is resolved during the current administration, which has moved to unwind regulations holding back fossil fuel development.
The federal government has been fighting the case since 2015 when two environmental groups and 21 children filed suit in the district court against then-President Barack Obama, numerous federal agencies and executive branch officials. The plaintiffs alleged that the government has a constitutional responsibility to take more steps to curb carbon dioxide emissions and address climate change.
This is the fourth time the federal government has petitioned the 9th Circuit to intervene in the matter. The U.S. Supreme Court recently rejected the justice department's petition to dismiss the case, suggesting that the 9th Circuit is the proper venue for the dispute.
The district court case is Juliana v. United States (No. 6:15-cv-01517), while the 9th Circuit case is United States of America et al. v. U.S. District Court for the District of Oregon, Eugene (No. 18-73014).
