Juliana Plaintiffs Back in Ninth Circuit Court of Appeals

San Francisco, CA

On December 10, attorneys for the 21 young plaintiffs in the landmark constitutional climate lawsuit, Juliana v. United States, filed their answer in opposition to the fifth petition of the Trump administration to the Ninth Circuit Court of Appeals. In their Fifth Petition, Defendants seek permission for an early appeal before trial. Plaintiffs' answering brief cautions that granting the U.S. government's petition and endorsing its delay tactics will contribute to a "miscarriage of justice."

Chief legal counsel Julia Olson:

If there is any further delay in addressing climate change, I cannot counsel these young people to wait for their trial before seeking an injunction against these defendants. An appeal now will lead to gross judicial inefficiency and lock in even more harm to these children. The government's delay tactics are not about seeking out justice or protecting Americans, they're about keeping their illegal conduct in promoting coal, oil, and gas away from judicial review. This administration does not want its conduct reviewed in the courts. They've made that clear. But that is not the law of our country. We lose our democracy, our freedom, and our constitutional protections if our trial courts cannot hear cases against our government. This case must go to trial.

Levi D., 11-year-old plaintiff from Satellite Beach, Florida:

We've known about the dangers of climate change for over 50 years and can't wait two more years to go to trial to stop it. I filed this lawsuit when I was 8-years-old and now I'm 11, and now we might have to wait until I'm 14. I'm seeing the effects of climate change happen all around me in Florida, we don't have two more years to lose.

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