Friday, November 2, 2018
Recent Developments at SCOTUS in the Oregon Climate Change Case (Juliana v. United States)
There’s been a flurry of recent Supreme Court activity involving Juliana v. United States, a case pending in U.S. District Court for the District of Oregon (covered earlier here and here). Twenty-one young plaintiffs are suing the federal government alleging that it has contributed to climate change in violation of the their constitutional rights.
On October 18, the Solicitor General applied for a stay of discovery and trial. The Supreme Court granted the stay on October 19, “pending receipt of a response, due on or before Wednesday, October 24, 2018, by 3 p.m., and further order of the undersigned or of the Court.” The plaintiffs filed their response on October 22, and the Solicitor General file a reply on October 24.
At this point, there’s been no further ruling from the Supreme Court. The Supreme Court proceedings are captioned In re United States and the docket is here.
UPDATE: Late Friday afternoon, the Supreme Court issued an order denying the Solicitor General’s motion. The Court indicated, however, that “adequate relief may be available in the United States Court of Appeals for the Ninth Circuit.”