9th Circuit strikes down Juliana climate case a second time

By Lesley Clark | 05/02/2024 06:32 AM EDT

Three Trump-appointed judges sided with the Biden administration’s argument that there is no role for the courts in federal climate policy.

Climate activists gather outside the U.S. Supreme Court in 2018 to show support for the Juliana v. United States lawsuit brought on behalf of 21 youth plaintiffs.

Climate activists gather outside the Supreme Court in 2018 to show support for the Juliana v. United States lawsuit brought on behalf of 21 youth plaintiffs. Win McNamee/Getty Images

A long-running climate lawsuit launched by 21 young people against the U.S. government has been sidelined a second time by a powerful West Coast federal appeals court.

In an order issued Wednesday, the 9th U.S. Circuit Court of Appeals granted the Biden administration’s request to dismiss Juliana v. United States, which says that the federal government’s reliance on oil and gas violates young people’s constitutional right to a livable climate.

“The district court is instructed to dismiss the case forthwith … without leave to amend,” wrote Judges Mark Bennett, Ryan Nelson and Eric Miller, who were all appointed by former President Donald Trump.

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The U.S. District Court for the District of Oregon did so, hours later.

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