News

How transmission helped keep the lights on during the Polar Vortex

Coal and nuclear plants shut down at a higher rate than wind during the polar vortex.

Munich Re, TOPICS Geo Natural catastrophes 2017

Assignment

Juliana – Government’s motion for mandamus

Team 1

INTRODUCTION AND RELIEF SOUGHT ………………………………………………………… 1
STATEMENT OF JURISDICTION ……………………………………………………………………….. 3
STATEMENT OF THE ISSUE ……………………………………………………………………………….. 3
STATEMENT OF RELEVANT FACTS …………………………………………………………………. 3
STANDARD OF REVIEW ……………………………………………………………………………………… 8

Team 2

REASON FOR GRANTING THE WRIT …………………………………………………………….. 10
I. The district court’s order denying the motion to dismiss is based on
clear error ……………………………………………………………………………………………. 10
A. The district court clearly erred by finding that plaintiffs adequately
alleged standing based on vague and attenuated allegations of
injury, causation and redressability ……………………………………………. 11
1. Plaintiffs did not allege a cognizable injury that is
particularized and concrete …………………………………………….. 13
2. Plaintiffs failed to adequately allege causation ………………… 15
3. Plaintiffs failed to adequately allege redressability …………… 19
B. The district court clearly erred by allowing plaintiffs to proceed
on their claim of a fundamental right under the due process
clause ………………………………………………………………………………………… 21
1. There is no basis in law for a due process right to a
particular climate system ………………………………………………… 22
2. Plaintiffs failed to identify any cause of action for their
claims ……………………………………………………………………………… 26
iii
C. The district court clearly erred in holding that plaintiffs stated on
actionable “public trust” claim against the federal government … 28

Team 3

II. Mandamus is warranted to confine the district court to the lawful
exercise of its jurisdiction ……………………………………………………………………. 31
III. Defendants have no other means of obtaining immediate review needed
to avoid a serious intrusion on the separation of powers, and without
action by this court the defendants will be prejudiced in a way not
correctable on appeal …………………………………………………………………………… 32
IV. The order raises new and important problems and issues of first
impression …………………………………………………………………………………………… 37
V. A stay of proceedings is warranted ……………………………………………………… 38
CONCLUSION ………………………………………………………………………………………………………. 40

9th Circuit rejection of the government’s motion for mandamus

Team 4