United States v. U.S. Dist. Court for the Dist. of Or. (In re United States)
United States v. U.S. Dist. Court for the Dist. of Or. (In re United States)
Opinion of the Court
*833In this petition for a writ of mandamus, the defendants ask us to direct the district court to dismiss a case seeking various environmental remedies. The defendants argue that allowing the case to proceed will result in burdensome discovery obligations on the federal government that will threaten the separation of powers. We have jurisdiction over this petition pursuant to the All Writs Act,
I
Twenty-one young plaintiffs brought suit against the United States, the President, and various Executive Branch officials and agencies, alleging that the defendants have contributed to climate change in violation of the plaintiffs' constitutional rights. They allege that the defendants have known for decades that carbon dioxide emissions from the burning of fossil fuels destabilize the climate. The plaintiffs aver that the defendants have nevertheless enabled and continue to enable, through various government policies, the burning of fossil fuels, allowing atmospheric carbon dioxide concentrations to reach historically unprecedented levels. They allege that climate change is injuring them and will continue to injure them. The plaintiffs claim that, in light of these facts, the defendants have violated their constitutional rights.
The defendants moved to dismiss the suit for lack of jurisdiction and for failure to state a claim. The district court denied the motion. The court held that the plaintiffs plausibly alleged that they have Article III standing, did not raise non-justiciable political questions, and asserted plausible claims under the Due Process Clause of the Fifth Amendment.
The defendants moved the district court to stay the litigation and to certify its order for interlocutory appeal pursuant to
II
"The writ of mandamus is a drastic and extraordinary remedy reserved for really extraordinary causes." In re Van Dusen ,
(1) whether the petitioner has no other means, such as a direct appeal, to obtain the desired relief;
(2) whether the petitioner will be damaged or prejudiced in any way not correctable on appeal;
(3) whether the district court's order is clearly erroneous as a matter of law;
(4) whether the district court's order is an oft repeated error or manifests a persistent disregard of the federal rules; and
(5) whether the district court's order raises new and important problems or issues of first impression.
Perry v. Schwarzenegger ,
III
The defendants do not satisfy the Bauman factors at this stage of the litigation. The issues that the defendants raise on mandamus are better addressed through the ordinary course of litigation. We therefore decline to exercise our discretion to grant mandamus relief. See San Jose Mercury News, Inc. v. U.S. Dist. Ct. ,
A
The first Bauman factor is whether the petitioner will "ha[ve] no other means ... to obtain the desired relief." Perry ,
The defendants' argument fails because the district court has not issued a single discovery order, nor have the plaintiffs filed a single motion seeking to compel discovery. Rather, the parties have employed the usual meet-and-confer process of resolving discovery disputes. See Fed. R. Civ. P. 37(a)(1). Indeed, both sides have submitted declarations attesting that they have thus far resolved a number of discovery disputes without either side asking the district court for an order. Indeed, the plaintiffs have withdrawn a number of requests *835for production. The defendants rely on informal communications as to the scope of discovery-in particular, the plaintiffs' litigation hold and demand letter-but the plaintiffs have clarified that these communications were not discovery requests.
If a specific discovery dispute arises, the defendants can challenge that specific discovery request on the basis of privilege or relevance. See McDaniel v. U.S. Dist. Ct. ,
Mandamus relief is inappropriate where the party has never sought relief before the district court to resolve a discovery dispute. As we have noted, "courts of appeals cannot afford to become involved with the daily details of discovery." In re Anonymous Online Speakers ,
The defendants rely on two cases in which a writ of mandamus issued because of alleged discovery burdens: Cheney , and Credit Suisse v. U.S. Dist. Ct. ,
Absent any district court order concerning discovery, mandamus relief is inappropriate. If the defendants become aggrieved by a future discovery order, they can seek mandamus relief as to that order. But their current request for mandamus relief is entirely premature. The defendants have not satisfied the first Bauman factor.
B
The second Bauman factor is whether the petitioner "will be damaged or prejudiced in any way not correctable on appeal." Perry ,
The defendants argue that holding a trial on the plaintiffs' claims and allowing the district court potentially to grant relief would threaten the separation of powers. We are not persuaded that simply allowing the usual legal processes to go forward will have that effect in a way not correctable on appellate review.
First, to the extent the defendants argue that the President himself has been named as a defendant unnecessarily and that defending this litigation would unreasonably burden him, this argument is premature because the defendants never moved in the district court to dismiss the President as a party. See United States v. U.S. Dist. Ct. ,
To the extent that the defendants are arguing that executive branch officials and agencies in general should not be burdened by this lawsuit, Congress has not exempted the government from the normal rules of appellate procedure, which anticipate that sometimes defendants will incur burdens of litigating cases that lack merit but still must wait for the normal appeals process to contest rulings against them. The United States is a defendant in close to one-fifth of the civil cases filed in federal court.
Distilled to its essence, the defendants' argument is that it is a burden to defend against the plaintiffs' claims, which they contend are too broad to be legally sustainable. That well may be. But, as noted, litigation burdens are part of our legal system, and the defendants still have the usual remedies before the district court for nonmeritorious litigation, for example, seeking summary judgment on the claims. And if relief is not forthcoming, any legal error can be remedied on appeal. "The first two criteria articulated in Bauman are designed to insure that mandamus, rather than some other form of relief, is the appropriate remedy." In re Cement Antitrust Litig. (MDL No. 296) ,
C
The third Bauman factor is whether the district court's order "is clearly erroneous as a matter of law." Perry ,
"The absence of controlling precedent weighs strongly against a finding of clear error [for mandamus purposes]." In re Van Dusen ,
We also underscore that this case is at a very early stage, and that the defendants have ample opportunity to raise legal challenges to decisions made by the district court on a more fully developed record, including decisions as to whether to focus the litigation on specific governmental decisions and orders. Once the litigation proceeds, the defendants will have ample opportunity to raise and litigate any legal objections they have.
However, absent controlling precedent, we decline to exercise our discretion to intervene at this stage of the litigation to review preliminary legal decisions made by the district court or otherwise opine on the merits.
D
The fourth Bauman factor is whether the district court's order is "an oft repeated error or manifests a persistent disregard of the federal rules." Perry ,
E
The final factor is whether the district court's order "raises new and important problems or issues of first impression." Perry ,
There is little doubt that the legal theories asserted in this case raise issues of first impression. But the district court's order denying a motion to dismiss on the pleadings-which is all that has happened thus far-does not present the possibility that those issues will evade appellate review. The defendants have not satisfied the fifth Bauman factor.
IV
There is enduring value in the orderly administration of litigation by the trial courts, free of needless appellate interference. In turn, appellate review is aided by a developed record and full consideration of issues by the trial courts. If appellate review could be invoked whenever a district court denied a motion to dismiss, we would be quickly overwhelmed with such requests, and the resolution of cases would be unnecessarily delayed.
We are mindful that some of the plaintiffs' claims as currently pleaded are quite broad, and some of the remedies the plaintiffs seek may not be available as redress.
*838However, the district court needs to consider those issues further in the first instance. Claims and remedies often are vastly narrowed as litigation proceeds; we have no reason to assume this case will be any different. Nor would the defendants be precluded from reasserting a challenge to standing, particularly as to redressability, once the record is more fully developed, or from seeking mandamus in the future, if circumstances justify it. And the defendants retain the option of asking the district court to certify orders for interlocutory appeal of later rulings, pursuant to
Because petitioners have not satisfied the Bauman factors, we deny the petition without prejudice. Absent any discovery order, the mandamus petition is premature insofar as it is premised on a fear of burdensome discovery. The issues pertaining to the merits of this case can be resolved by the district court, in a future appeal, or, if extraordinary circumstances later present themselves, by mandamus relief. For these reasons, we decline to exercise our discretion to grant mandamus relief at this stage of the litigation.
PETITION DENIED WITHOUT PREJUDICE.
The defendants also raised, via a letter filed after argument, the Supreme Court's recent summary disposition in an appeal challenging a discovery order. See In re United States , --- U.S. ----,
See U.S. Courts, Federal Judicial Caseload Statistics 2017 , http://www.uscourts.gov/statistics-reports/federal-judicial-caseload-statistics-2017 (last visited Feb. 14, 2018) (The United States was a defendant in 56,987 of the 292,076 civil cases filed in federal court in the 12-month period ending March 31, 2017.).
Reference
- Full Case Name
- IN RE UNITED STATES of America, United States of America Christy Goldfuss, in her official capacity as Director of the Council on Environmental Quality Mick Mulvaney, in his official capacity as Director of the Office of Management and Budget John Holdren, Dr., in his official capacity as Director of the Office of Science and Technology Policy Rick Perry, in his official capacity as Secretary of Energy U.S. Department of the Interior Ryan Zinke, in his official capacity as Secretary of Interior U.S. Department of Transportation Elaine Chao, in her official capacity as Secretary of Transportation U.S. Department of Agriculture Sonny Perdue, in his official capacity as Secretary of Agriculture U.S. Department of Commerce Wilbur Ross, in his official capacity as Secretary of Commerce U.S. Department of Defense Jim Mattis, in his official capacity as Secretary of Defense U.S. Department of State 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 The National Association of Manufacturers American Fuel & Petrochemical Manufacturers American Petroleum Institute v. United States District Court for the District of Oregon, Eugene, 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 Pamela Vergun Hazel V., through her Guardian Margo Van Ummersen 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, Real Parties in Interest.
- Cited By
- 16 cases
- Status
- Published