United States v. U.S. Dist. Court for the Dist. of Or. (In re United States)
Opinion of the Court
*1104In this petition for a writ of mandamus, the government asks us for the second time to direct the district court to dismiss a case seeking various environmental remedies, or, in the alternative, to stay all discovery and trial. We denied the government's first mandamus petition, concluding that it had not met the high bar for relief at that stage of the litigation. In re United States ,
I
We have jurisdiction over this mandamus petition pursuant to the All Writs Act,
(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 ,
"Mandamus review is at bottom discretionary-even where the Bauman factors are satisfied, the court may deny the petition." San Jose Mercury News, Inc. v. U.S. Dist. Ct. ,
II
The government does not satisfy the Bauman factors at this stage of the litigation. It remains the case that the issues that the government raises in its petition are better addressed through the ordinary course of litigation. We thus decline to exercise our discretion to grant mandamus relief.
A
The government does not satisfy the first Bauman factor. The government argues that mandamus is its only means of obtaining relief from potentially burdensome or improper discovery. However, the government retains the ability to challenge any specific discovery order that it believes would be unduly burdensome or would threaten the separation of powers.
In our opinion denying the first mandamus petition, we stated:
*1105The defendants will have ample remedies if they believe a specific discovery request from the plaintiffs is too broad or burdensome. Absent any discovery order from the district court, or even any attempt to seek one, however, the defendants have not shown that they have no other means of obtaining relief from burdensome or otherwise improper discovery.
In re United States ,
Since that opinion, the government has not challenged a single specific discovery request, and the district court has not issued a single order compelling discovery. Instead, the government sought a protective order barring all discovery, which the district court denied. The government can still challenge any specific discovery request on the basis of privilege or relevance, or by seeking a tailored protective order under Federal Rule of Civil Procedure 26(c). If the government challenges a discovery request and the district court issues an order compelling discovery, then the government can seek mandamus relief as to that order. Preemptively seeking a broad protective order barring all discovery does not exhaust the government's avenues of relief. Absent a specific discovery order, mandamus relief remains premature.
This fact distinguishes this case from In re United States , --- U.S. ----,
B
Nor does the government satisfy the second Bauman factor. The government makes two arguments for why it will be prejudiced in a way not correctable on appeal. Neither is persuasive.
The government argues, for the first time, that merely eliciting answers from agency officials to questions on the topic of climate change could constitute "agency decisionmaking," which the government contends could not occur without following the elaborate procedural requirements of the Administrative Procedure Act ("APA"). But the government cites no authority for the proposition that agency officials' routine responses to discovery requests in civil litigation can constitute agency decisionmaking that would be subject to the APA.
The government has made no showing that it would be meaningfully prejudiced by engaging in discovery or trial. This distinguishes this case from others in which we have granted mandamus relief. See Credit Suisse v. U.S. Dist. Ct. ,
The government also argues that proceeding with discovery and trial will violate the separation of powers. The government made this argument in its first mandamus petition, and we rejected it. In re United States ,
C
As detailed in our opinion denying the first mandamus petition, the government does not satisfy the third, fourth, or fifth Bauman factors. In re United States ,
III
Because petitioners have not satisfied the Bauman factors, we deny the mandamus petition without prejudice. The government's fear of burdensome or improper discovery does not warrant mandamus relief in the absence of a single specific discovery order. The government's arguments as to the violation of the APA and the separation of powers fail to establish that they will suffer prejudice not correctable in a future appeal. The merits of the case can be resolved by the district court or in a future appeal. At this stage of the litigation, we decline to exercise our jurisdiction to grant mandamus relief.
PETITION DENIED WITHOUT PREJUDICE.
Following our previous opinion, the government moved for the first time in the district court for judgment on the pleadings with respect to the inclusion of the President as a named party, and a decision is pending on that motion.
Reference
- Full Case Name
- IN RE: UNITED STATES of America Christy Goldfuss Mick Mulvaney John Holdren Rick Perry U.S. Department of the Interior Ryan Zinke U.S. Department of Transportation Elaine L. Chao U.S. Department of Agriculture Sonny Perdue United States Department of Commerce Wilbur Ross U.S. Department of Defense James N. Mattis 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 Michael R. Pompeo Andrew Wheeler, United States of America Christy Goldfuss, 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 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 United States Department of Interior Ryan Zinke, in his official capacity as Secretary of Interior United States 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 James N. Mattis, in his official capacity as Secretary of Defense United States Department of State Andrew Wheeler, in his official capacity as Acting Administrator of the EPA Michael R. Pompeo, in his official capacity as Secretary 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 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
- 4 cases
- Status
- Published