Justice Department Wins Bid to Quash Juliana Youth Climate Suit

A landmark youth climate lawsuit was dealt a blow on Wednesday with the Ninth Circuit granting a government request to have the case tossed.

Under the order, Judge Ann Aiken of the US District Court for the District of Oregon will have to dismiss the case for lack of standing without leaving an opening to amend the complaint.

The government was “wrong” to use an emergency mandamus measure to silence the case, according to Julia Olson, lead attorney at the legal nonprofit leading the case, Our Children’s Trust.

“This is a tragic and unjust ruling, but it is not over,” Olson said in a statement. “President Biden can still make this right by coming to the settlement table.”

The Biden administration filed the mandamus petition in February at the US Court of Appeals for the Ninth Circuit, arguing that an Oregon district court flew against circuit court orders to dismiss Juliana v. US.

“The district court gave two reasons for allowing amendment,” according to the order. “First, it concluded that amendment was not expressly precluded. Second, it held that intervening authority compelled a different result. We reject each.”

The case was launched by 21 young people against the government, which they claim is violating their constitutional rights to life by promoting climate-damaging fossil fuel projects.

Juliana was dismissed in 2020 by the Ninth Circuit, only to be resurrected when Aiken allowed an amended complaint to proceed toward trial.

The case is United States v. U.S. Dist. Court for the Dist. of Or., Eugene, 9th Cir., No. 24-684, Order 5/1/24.