(1 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-1, Page 1 of 4 Case No. 17-71692 In the United States Court of Appeals for the Ninth Circuit UNITED STATES OF AMERICA, et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON, Respondent, and KELSEY CASCADIA ROSE JULIANA, et al., Real Parties in Interest. On Petition for Writ of Mandamus in Case No. 6:15-cv-01517-TC-AA (D. Or.) MOTION OF NISKANEN CENTER FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF RESPONDENT AND REAL PARTIES IN INTEREST __________________________________________________________________ David Bookbinder Niskanen Center 820 First Street, NE Suite 675 Washington, DC 20002 301-751-0611
[email protected] (2 of 27) Case: 17-71692, 09/05/2017, ID: 10568881, DktEntry: 19-1, Page 2 of 4 Pursuant to F.R.A.P. 29(a)(3), Niskanen Center, a 501(c)(3) libertarian think tank, requests leave to submit the attached amicus brief in the above-captioned action. Defendant-Petitioners and Plaintiff Real Parties in Interest having consented to this brief, Niskanen files this motion out of an abundance of caution as the District Court, the nominal Respondent, takes no position on it. Niskanen’s brief addresses solely the issues concerning the public trust doctrine. Niskanen takes no position on any other issue raised in this proceeding. Defendant United States asserts that the public trust doctrine does not apply to the federal government and, in any event, has been displaced by the Clean Air Act. Petition pp. 28-31. Because Plaintiffs make a limited response to the first argument (Answer, pp.