Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change Case

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Anthony B. Cavender discusses the case Juliana, et al. v. United States of America.

February 27, 2019
Anthony B. Cavender - Gravel2Gavel

On December 26, a divided panel of the U.S. Court of Appeals for the Ninth Circuit accepted an interlocutory appeal of the presiding District Court’s pre-trial rulings in the novel climate change case that is being tried in Oregon. The case is Juliana, et al. v. United States of America.

In its ruling, the Ninth Circuit held that the District Court certification of this case for interlocutory appeal satisfied the provisions of 28 U.S.C. § 1292(b). Ninth Circuit precedents authorize such an appeal when a District Court order “involves a controlling question of law as to which there is a substantial ground for difference of opinion”—which aptly characterizes the U.S. Supreme Court’s view of this litigation.

Mr. Cavender may be contacted at


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