CLIMATE LAWSUITS
Judge Resurrects Zombie Kids’ Climate Case: Expect More Eating of Brains
17 hours ago Charles Rotter 36 Comments
Commentary from Jonathan Adler (The Volokh Conspiracy)
Adler wrote about the case last June.
This afternoon, Judge Aiken on the U.S. District Court for the District of Oregon revived Juliana v. United States, aka the “Kids Climate Case,” by granting the plaintiffs’ motion to amend their complaint, some two years after the motion was filed.
This is a remarkable order because the U.S. Court of Appeals for the Ninth Circuit previously ordered the case dismissed due to a lack of standing. The original Ninth Circuit panel ruling was in January 2020, and the court denied en banc rehearing in February 2021. The plaintiffs filed a motion to amend in March 2021, which was opposed by the Department of Justice on the grounds that “the mandate rule requires [the district] court to dismiss the case.” Despite the DOJ’s opposition, the district court further ordered a settlement conference, and whatever jurisdiction the district court may have retained over the case should have expired when the plaintiffs failed to petition for certiorari.
https://reason.com/volokh/2023/06/01/district-court-judge-revives-kids-climate-case/Adlers article quotes the judge’s reasoning and it’s worth a read, however Adler concludes, emphasis mine:
The Ninth Circuit’s initial decision dismissing the Juliana case was likely the best outcome the plaintiffs could have hoped for, as it avoided substantive Supreme Court intervention (after the justices had indicated their concern about the case). By reviving the case, Judge Aiken is tempting fate—and risking a broader legal judgment that could preclude a broader array of climate-related suits.
https://reason.com/volokh/2023/06/01/district-court-judge-revives-kids-climate-case/My take is that Judge Aiken is tempting the Supreme Court to smack down a whole array of Climate legal theories if the case makes it that far.
https://wattsupwiththat.com/2023/12/31/judge-resurrects-zombie-kids-climate-case-expect-more-eating-of-brains/
