FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KELSEY CASCADIA ROSE JULIANA;

XIUHTEZCATL TONATIUH M., 

through his Guardian Tamara RoskeMartinez; 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 

No. 18-36082

D.C. No.

6:15-cv-01517-

AA

ORDER

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2 JULIANA V. UNITED STATES

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.

Case 6:15-cv-01517-AA Document 460 Filed 02/10/21 Page 2 of 4
JULIANA V. UNITED STATES 3

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.

Filed February 10, 2021

Before: Mary H. Murguia and Andrew D. Hurwitz, Circuit 

Judges, and Josephine L. Staton,

* District Judge.

Order

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 

* The Honorable Josephine L. Staton, United States District Judge 

for the Central District of California, sitting by designation.

Case 6:15-cv-01517-AA Document 460 Filed 02/10/21 Page 3 of 4
4 JULIANA V. UNITED STATES

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.

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