JULIANA v. UNITED STATES EPA (2021)

United States Court of Appeals, Ninth Circuit.

Kelsey Cascadia Rose JULIANA; Xiuhtezcatl Tonatiuh M., through his Guardian Tamara Roske-Martinez; Alexander Loznak; Jacob Lebel; Zealand B., through his Guardian Kimberly Pash-Bell; Avery M., through her Guardian Holly McRae; Sahara V., through her Guardian Toa Aguilar; Kiran Isaac Oommen; Tia Marie Hatton; Isaac V., through his Guardian Pamela Vergun; Miko V., through her Guardian Pamel Vergun; Hazel V., through her Guardian Margo Van Ummerson; Sophie K., through her Guardian Dr. James Hansen; Jaime B., through her Guardian Jamescita Peshlakai; Journey Z., through his Guardian Erika Schneider; Victoria B., through her Guardian Daisy Calderon; Nathaniel B., through his Guardian Sharon Baring; Aji P., through his Guardian Helaina Piper; Levi D., through his Guardian Leigh-Ann Draheim; Jayden F., through her Guardian Cherri Foytlin; Nicholas V., through his Guardian Marie Venner; Earth Guardians, a nonprofit organization; Future Generations, through their Guardian Dr. James Hansen, Plaintiffs-Appellees, v. UNITED STATES of America; Mary B. Neymayr, in her official capacity as Director of Council on Environmental Quality; Mick Mulvaney, in his official capacity as Director of the Office of Management and the Budget; Kelvin K. Droegemeir, Dr., in his official capacity as Director of the Office of Science and Technology Policy; Dan Brouillette, Dr., in his official capacity as Secretary of Energy; U.S. Department of the Interior; David Bernhardt, in his official capacity as Secretary of Interior; U.S. Department of Transportation; Elaine L. Chao, in her official capacity as Secretary of Transportation; United States Department of Agriculture; Sonny Perdue, in his official capacity as Secretary of Agriculture; United States Department of Commerce; Wilbur Ross, in his official capacity as Secretary of Commerce; United States Department of Defense; Mark T. Esper, in his official capacity as Secretary of Defense; United States Department of State; Michael Pompeo, in his official capacity as Secretary of State; Andrew Wheeler, in his official capacity as Administrator of the EPA; Office of the President of the United States; U.S. Environmental Protection Agency; U.S. Department of Energy; Donald J. Trump, in his official capacity as President of the United States, Defendants-Appellants.

No. 18-36082

Decided: February 10, 2021

Before: Mary H. Murguia and Andrew D. Hurwitz, Circuit Judges, and Josephine L. Staton,* District Judge.