A group of 22 young people from across the country accuse the Trump administration in a new federal lawsuit of violating their constitutional rights with a coordinated set of executive orders that prioritize the expansion of fossil fuels and threaten to further destabilize the climate.
The complaint, filed Thursday in the U.S. District Court in Montana, challenges three executive orders: “Unleashing American Energy,” “Declaring a National Energy Emergency” and “Reinvigorating America’s Beautiful Clean Coal Industry.” The lawsuit argues that with the orders, the Trump administration knowingly is advancing an agenda that will increase greenhouse gas pollution that already is stressing the global climate to a dangerous extent.
The litigation argues the situation infringes on the young people’s constitutional rights to life and liberty, as well as falling afoul of other laws approved by Congress that protect public health and the environment. The plaintiffs want the court to declare the executive orders unconstitutional, block their implementation and reaffirm the legal limits on presidential power.
“From day one of the current administration, President Trump has issued directives to increase fossil fuel use and production and block an energy transition to wind, solar, battery storage, energy efficiency, and electric vehicles (“EVs”),” the lawsuit states. “President Trump’s EOs falsely claim an energy emergency, while the true emergency is that fossil fuel pollution is destroying the foundation of Plaintiffs’ lives.”
The complaint was filed on behalf of young people from Montana to Florida, ranging in age from 7 to 25, who have experienced wildfires, floods, hurricanes and extreme heat. Some have been displaced from their homes.
Others have endured health harms, such as a 7-year-old boy, identified by the initials J.K. in the lawsuit because he is a minor, who suffers from frequent respiratory infections. The infections are exacerbated by wildfire smoke and have landed him in the hospital. Greenhouse gas emissions, including those associated with fossil fuels, are heating the global climate, shifting weather patterns and leading to more extreme events such as wildfires and hurricanes.
Many of the plaintiffs are pursuing college degrees and careers in environmental science, and their research and professional goals have been disrupted as the Trump administration has eliminated jobs and funding for clean energy, climate research and decarbonization. Ula Jones, 18, was told by professors that some classes she planned to take may be eliminated. A 17-year-old who is identified by the initials J.M. in the litigation had helped her school secure a $400,000 grant from the Environmental Protection Agency for two electric buses, but the school never received the funding.
Some plaintiffs also have experienced mental anguish over the uncertainty climate change has cast on their futures. Among them is Olivia Vesovich, 21, who lives in Missoula, Montana.
“There are days when Olivia feels paralyzed by the devastation wrought by climate change to her state and community,” the lawsuit states. “Olivia’s climate anxiety is like an elephant sitting on her chest; it feels like a crushing weight, making it hard for her to breathe.”
The plaintiffs are represented by Our Children’s Trust, the Oregon-based advocacy group that previously brought the closely watched case Juliana v. United States, which sought to hold the federal government accountable for an energy system based on fossil fuels. That lawsuit claimed the government knew since 1965 that burning fossil fuels would lead to dangerous climate change.
The U.S. Supreme Court declined this spring to hear the case, ending the 10-year legal effort. But Our Children’s Trust said the legal framework established by Juliana inspired more than 60 youth-led lawsuits worldwide. In 2023 the group celebrated a groundbreaking victory in Montana, the first time a court in the U.S. declared that a government had a constitutional responsibility to protect people from climate change. The next year the group reached a settlement in Hawaii that included a plan to decarbonize the state’s transportation system.
Our Children’s Trust filed the latest litigation over the Trump administration’s executive orders in partnership with the Gregory Law Group, McGarvey Law and Public Justice.
In addition to President Donald Trump, the lawsuit names as defendants multiple administration leaders and departments, including the EPA, Department of Transportation, National Science Foundation and the Department of Health and Human Services.
“The American people are more concerned with the future generations’ economic and national security, which is why they elected President Trump in a landslide victory to restore America’s energy dominance,” said Taylor Rogers, White House assistant press secretary, in a statement provided to Inside Climate News. “Future generations should not have to foot the bill of the lefts’ radical climate agenda.”
A recent report by risk management experts warned that climate change could cut the worldwide gross domestic product in half between 2070 and 2090. And last year, the U.S. was hit by 27 billion-dollar disasters.
Eva Lighthiser, a 19-year-old recent high school graduate living in Livingston, Montana, is one of the plaintiffs. Flooding destroyed roads and bridges near where she lived, forcing her family to relocate to a different town. Wildfire smoke leaves her short of breath and causes other symptoms such as headaches. She plans to study environmental science in college and worries about whether the Trump administration may limit her access to climate science and data.
“It’s incredibly important to stay involved in this,” she said. “These are our futures that we’re inheriting. It’s vitally important that we do our best to preserve those.”
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