FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KELSEY CASCADIA ROSE JULIANA; No. 18-36082

XIUHTEZCATL TONATIUH M.,

through his Guardian Tamara Roske- D.C. No. Martinez; ALEXANDER LOZNAK; 6:15-cv-01517- JACOB LEBEL; ZEALAND B., through AA his Guardian Kimberly Pash-Bell; AVERY M., through her Guardian Holly McRae; SAHARA V., through ORDER 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.

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. 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.