Opinion
No. 18-36082
02-10-2021
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 Pamel Vergun; Hazel V., through her Guardian Margo Van Ummerson; 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, Plaintiffs-Appellees, v. UNITED STATES of America; Mary B. Neymayr, 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 the Budget; Kelvin K. Droegemeir, Dr., in his official capacity as Director of the Office of Science and Technology Policy ; Dan Brouillette, Dr., in his official capacity as Secretary of Energy; U.S. Department of the Interior; David Bernhardt, in his official capacity as Secretary of Interior; U.S. 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; Mark T. Esper, in his official capacity as Secretary of Defense; United States Department of State; Michael Pompeo, in his official capacity as Secretary of State; Andrew Wheeler, in his official capacity as Administrator of the EPA; 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, Defendants-Appellants.
ORDER
The full court has been advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration. Fed R. App. P. 35.
The petition for rehearing en banc, Dkt. 156, is DENIED .
Judges McKeown, Collins, Bress and VanDyke did not participate in the consideration of the petition for rehearing en banc.