No. 18-505

In Re United States, et al.

Lower Court: N/A
Docketed: 2018-10-18
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-procedure-act article-iii civil-procedure-standing civil-rights climate-change due-process environmental-advocacy justiciability public-trust-doctrine standing
Latest Conference: N/A
Question Presented (from Petition)

1. Whether this suit is justiciable under Article III.

2. Whether this suit should be dismissed for failure to comply with the requirements of the Administrative Procedure Act, 5 U.S.C. 551 et seq.

3. Whether this suit should be dismissed because there is no right to "a climate system capable of sustaining human life" under the Due Process Clause or a public trust doctrine.

Question Presented (AI Summary)

Whether this suit is justiciable under Article III

Docket Entries

2019-07-29
Petition Dismissed - Rule 46.
2019-07-09
Letter of July 9, 2019, from the Solicitor General requesting to withdraw the petition for a writ of mandamus filed.
2018-11-23
Letter of November 23, 2018, from the Solicitor General filed.
2018-11-19
Brief of respondents Kelsey J., et al. in opposition filed.
2018-11-02
Application (18A410) referred to the Court.
2018-11-02
Application (18A410) denied without prejudice by the Court. The order heretofore entered by The Chief Justice is vacated. (See order for additional language.) Justice Thomas and Justice Gorsuch would grant the application.
2018-10-24
Reply of applicants United States, et al. filed.
2018-10-22
Response to application from respondents Juliana, Kelsey C. R., et al. filed.
2018-10-19
UPON CONSIDERATION of the application of counsel for the applicants, IT IS ORDERED that discovery and trial in the United States District Court for the District of Oregon, in case No. 6:15-cv-01517, are stayed pending receipt of a response, due on or before Wednesday, October 24, 2018, by 3 p.m., and further order of The Chief Justice or of the Court.
2018-10-18
Petition for a writ of mandamus filed. (Response due November 19, 2018)
2018-10-18
Application (18A410) for a stay, submitted to The Chief Justice.

Attorneys

Kelsey J., et al.
Julia Ann OlsonWild Earth Advocates, Respondent
United States, et al.
Noel J. FranciscoSolicitor General, Petitioner