Ninth Circuit declines to rehear youth climate lawsuit against Trump fossil fuel orders

The Ninth Circuit Court of Appeals has declined to rehear Lighiser v. Trump, a constitutional lawsuit brought by 22 young climate activists. The decision leaves in place an unpublished panel ruling that dismissed the case on the grounds that the plaintiffs lacked standing.

The lawsuit challenged several executive orders from the Trump administration aimed at expanding fossil fuel development and reducing permitting obstacles. While the original Montana District Court had acknowledged “overwhelming evidence” that climate change constitutes a “children’s health emergency” and would cause future harm to the plaintiffs, the appellate panel dismissed the case without ruling on the constitutionality of the executive orders.

Legal advocates, including the Oregon-based nonprofit Our Children’s Trust, noted that the denial maintains a precedent where the court declined to exercise judicial review over an executive order despite factual findings regarding increased carbon dioxide emissions. The plaintiffs had argued that the targeted orders would significantly increase annual metric tons of carbon dioxide through 2035.