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.
Judge Aiken clearly sees things differently. Her order begins:
