THROUGH JUDICIAL ACTION
The landmark case of Juliana v. US, brought by 21 young people in 2015, argues that the federal government’s duty to serve as a trustee of resources extends to the atmosphere, and that it had thus failed in that constitutional duty. Their complaint asserts that, through the government's affirmative actions causing climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources. Still unresolved, a full and fascinating history of this litigation can be found on our JULIANA V. U.S page here.
ARE THERE OTHER YOUTH CASES?
- Youth in Montana took up a similar fight to Juliana vs. US, but on a state level. They won the landmark case on August 14, 2023 when a judge ruled that the state’s failure to consider climate change when approving fossil fuel projects was unconstitutional. The State appealed to the Montana Supreme Court in September 2023 and on July 10, 2024 the youth plaintiffs and their attorneys argued to uphold their historic ruling before the state’s highest court. In December, 2024, the Montana Supreme Court upheld the decision of the trial court in the landmark case, Held v State of Montana, siding with the 16 youth plaintiffs who had sued the state over its promotion of fossil fuel extraction and its failure to consider climate change impacts in its decision-making. Really good NYT podcast here from 6/16/2023 when case was being heard.
- Youth in Alaska filed a constitutional climate lawsuit in June, 2024 to stop the Alaska LNG Project, a massive fossil fuel megaproject that would roughly triple Alaska’s greenhouse gas emissions for decades to come. In October, 2024 the state of Alaska asked the court to dismiss. No ruling yet.
- Eighteen children under eighteen from California filed Genesis B. vs EPA on December 10, 2023 against the EPA for allegedly violating their constitutional rights by allowing pollution from burning fossil fuels to continue despite knowing the harm it poses to kids. On May 14, 2024, a federal judge dismissed this lawsuit.
- Navahine vs. Hawaii Department of Transportation is the world’s first youth-led constitutional climate case directed at stopping climate pollution from transportation systems. On June 20, 2024, the 13 youth plaintiffs reached a landmark agreement to fully decarbonize Hawaii’s transportation system by 2045.