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Juliana v. United States

ELR Citation: 48 ELR 20083
Nos. 6:15-cv-1517, (D. Or., 05/25/2018) (Coffin, J.)

A district court denied the U.S. government's motion to stay discovery in a lawsuit brought by a group of youths against the U.S. government for failing to protect them from climate change. The government argued that the group is not entitled to discovery because their claim must proceed under the APA and APA claims must be reviewed solely on the administrative record. But the complaint does not contain an APA claim, and the government may not "edit the complaint to cobble the claim into one of their choosing to derail discovery."