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held v. state of montana
'We Will Appeal': Judge Dismisses Youth Suit Against Trump Attacks on Climate
"Courts cannot offer more protection to fossil fuel companies seeking to preserve their profits than to young Americans seeking to preserve their rights," said the plaintiffs' lead attorney.
Oct 16, 2025
American children and young adults suing over President Donald Trump's anti-climate executive orders plan to keep fighting after a federal judge on Wednesday dismissed their case, citing a previous decision from the US Court of Appeals for the 9th Circuit.
Eva Lighthiser, Rikki Held—of the historic Held v. State of Montana case—and 20 other young people filed a federal suit in Montana in May, taking aim at Trump's executive orders (EOs) declaring a "national energy emergency," directing federal agencies to "unleash" American energy by accelerating fossil fuel development, and boosting the coal industry.
"The founders of this country believed our rights to life and liberty were the fundamental tenets of a reasoned and just society, among the most sacred of rights to protect from government intrusion and overreach," said Daniel C. Snyder, director of the Environmental Enforcement Project at Public Justice, one of the groups representing the young plaintiffs.
"Not only should Americans be outraged by unlawful executive actions that trample upon those rights, but also because the harm these executive orders have inflicted was acknowledged by the court—showing the serious nature of plaintiffs' case," Snyder continued. "Allowing the burning of fossil fuels to continue will eventually render our nation unlivable for future generations."
"Allowing the burning of fossil fuels to continue will eventually render our nation unlivable for future generations."
US District Judge Dana Christensen "reluctantly" dismissed Lighthiser v. Trump on Wednesday, pointing to the 9th Circuit's 2020 opinion in Juliana v. United States, a constitutional climate case that the US Supreme Court effectively ended in March.
"Plaintiffs have presented overwhelming evidence that the climate is changing at a staggering pace, and that this change stems from the rise in atmospheric carbon dioxide, caused by the production and burning of fossil fuels," wrote Christensen. "The record further demonstrates that climate change and the exposure from fossil fuels presents a children's health emergency."
The appointee of former President Barack Obama also said that he was "troubled by the very real harms presented by climate change and the challenged EOs' effect on carbon dioxide emissions." Specifically, he noted, "plaintiffs have shown the challenged EOs will generate an additional 205 million metric tons of carbon dioxide annually by 2027, an increase which plaintiffs convincingly allege will expose them to imminent, increased harm from a warming climate."
While Adam Gustafson, acting assistant attorney general of the Environment and Natural Resources Division at the US Department of Justice, cheered the dismissal of what he called "a sweeping and baseless attack on President Trump's energy agenda," the judge wrote that "if the 9th Circuit disagrees" with his decision, he "welcomes the return of this case to decide it on the merits."
Lawyers for the youth plaintiffs have already set their sights on the higher court. Lead attorney Julia Olson of Our Children's Trust stressed that "Judge Christensen said he reached his decision reluctantly and invited the 9th Circuit to correct him so these young Americans can have their case heard—and the 9th Circuit should do just that."
"Every day these executive orders remain in effect, these 22 young Americans suffer irreparable harm to their health, safety, and future," she noted. "The judge recognized that the government's fossil fuel directives are injuring these youth, but said his hands were tied by precedent."
"We will appeal—because courts cannot offer more protection to fossil fuel companies seeking to preserve their profits than to young Americans seeking to preserve their rights," Olson added. "This violates not only the Constitution and Supreme Court precedent, but the most basic principles of justice."
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Youth Sue Over Trump Executive Orders That 'Escalate' Climate Crisis
"He's waging war on us with fossil fuels as his weapon, and we're fighting back with the Constitution," said one of the 22 plaintiffs.
May 29, 2025
Nearly two dozen American children and young adults sued U.S. President Donald Trump, leaders in his administration, and various agencies in federal court on Thursday over a trio of executive orders they argue "escalate" the climate emergency that imperils their futures.
Lighthiser v. Trump, filed in the U.S. District Court for the District of Montana, challenges executive orders (EOs) 14156, 14154, and 14261—which, respectively, declared a "national energy emergency," directed agencies to "unleash" American energy by accelerating fossil fuel development, and called for boosting the country's coal industry.
"Trump's fossil fuel orders are a death sentence for my generation," said named plaintiff Eva Lighthiser in a statement. "I'm not suing because I want to—I'm suing because I have to. My health, my future, and my right to speak the truth are all on the line. He's waging war on us with fossil fuels as his weapon, and we're fighting back with the Constitution."
Specifically, the complaint argues that "the EOs violate the Fifth Amendment substantive due process clause on their face by depriving plaintiffs of their fundamental rights to life and liberty." The filing also states that the orders are ultra vires—meaning they go beyond Trump's presidential authority "in assuming powers reserved to and exercised by Congress through Article I" of the U.S. Constitution.
"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," the complaint reads. "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."
"These unconstitutional directives have the immediate effect of (a) slowing the buildout of U.S. energy infrastructure that eliminates planet-heating fossil fuel greenhouse gas pollution... and (b) increasing the use of fossil fuels that pollute the air, water, lands, and climate on which plaintiffs' lives depend," the filing stresses.
🚨 Youth from Montana and four other states are suing the Trump administration for violating their constitutional rights with executive orders that fast-track fossil fuel projects, worsen the climate crisis, and suppress climate science. PR: bit.ly/youthsuetrump-pr #YouthvGov
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— Our Children’s Trust (@youthvgov.bsky.social) May 29, 2025 at 10:11 AM
The youth are asking the district court to declare Trump's EOs and related executive actions "unlawful, unconstitutional, ultra vires, and invalid," and to issue a permanent injunction blocking the long list of defendants from implementing or enforcing them.
Lighthiser is a 19-year-old from Livingston, Montana. She and 24-year-old Rikki Held are among 10 of 22 plaintiffs in this case who were also part of Held v. State of Montana, in which a judge in 2023 agreed with young residents who argued that Montana violated their state constitutional rights by promoting fossil fuel extraction. The Montana Supreme Court upheld that decision last December.
Both groups of young plaintiffs are represented by Our Children's Trust, known for several youth climate lawsuits, including Juliana v. United States, the landmark constitutional case that the U.S. Supreme Court ended in March.
Lead attorney Julia Olson of Our Children's Trust said Thursday that "these executive orders are an overt abuse of power. The president is knowingly putting young people's lives in danger to serve fossil fuel interests, while silencing scientists and defying laws passed by Congress."
"These young plaintiffs refuse to be collateral damage in a fossil fuel war on their future," Olson continued. "They are demanding accountability where it still matters—in a court of law. The executive branch is not above the Constitution, and these young people are here to prove it."
For Lighthiser v. Trump, Our Children's Trust has partnered with Gregory Law Group, McGarvey Law, and Public Justice.
"The government's actions irreparably harm our nation's most important asset: our children," said Dan Snyder, director of the Environmental Enforcement Project for Public Justice. "The science is irrefutable that humans and their pollution are causing climate change, and that a changing climate will result in a growing list of injuries that are uniquely felt by America's youngest population."
"Our children enjoy the same constitutional rights to life and liberty as adults, yet have been tasked with shouldering the impact of a destabilized climate system without ever having a say in the matter," he added. "President Trump's executive orders are unlawful and intolerable, and these youth plaintiffs shall put an end to it."
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Juliana v. US: Supreme Court Decision Brings 10-Year Climate Case to an End
While the decision was disappointing for those involved with the case, they highlighted that "Juliana sparked a global youth-led movement for climate rights that continues to grow."
Mar 24, 2025
Although young plaintiffs and their supporters were disappointed by the U.S. Supreme Court effectively ending their constitutional climate lawsuit on Monday, they also emphasized the positive and far-reaching impacts of Juliana v. United States over the past decade.
First filed by 21 youth plaintiffs in 2015, Juliana aimed to hold the federal government accountable for its contributions to the fossil fuel-driven climate emergency. Over the years, the effort garnered support from more than 100 members of Congress, over 400 groups, and hundreds of thousands of people worldwide. In September, plaintiffs asked the justices to reverse an appellate court's dismissal of the case—but the country's highest court on Monday denied a petition for certiorari.
"The Supreme Court's decision today is not the end of the road and the impact of Juliana cannot be measured by the finality of this case alone," Julia Olson, chief legal counsel of Our Children's Trust, which represented the plaintiffs, said in a statement. "Juliana sparked a global youth-led movement for climate rights that continues to grow. It has empowered young people to demand their constitutional right to a safe climate and future."
"For almost 10 years, we've stood up for the rights of present and future generations, demanding a world where we can not only survive, but thrive."
Juliana plaintiff Miko Vergun—who was born in the Marshall Islands, a country in the Pacific on the frontlines of the climate crisis—similarly said that "ultimately, we didn't get the decision we wanted today, but we've had many wins along the way."
"For almost 10 years, we've stood up for the rights of present and future generations, demanding a world where we can not only survive, but thrive," she said. "We've faced extreme resistance by the federal government, yet we've never wavered in our resolve. All great movements have faced obstacles, but what sets them apart is the perseverance of the people behind them. We've shown the world that young people will not be ignored, and I'm incredibly proud of the impact Juliana v. United States has made."
For example, in August 2023, Montana District Court Judge Kathy Seeley sided with young plaintiffs in Held v. State of Montana, finding that the state's environmental policy law violates the Montana Constitution, which guarantees residents a "clean and healthful environment." The state Supreme Court upheld that decision in December.
"Juliana, through the unwavering dedication of its plaintiffs and legal team, has left an indelible mark on the landscape of climate litigation, paving the way for lawsuits like Held v. State of Montana," Rikki Held, lead plaintiff in that case, said Monday. "I am inspired by the courage and determination of the young people who have led this case, and I hope their legacy continues to motivate others to hold our governments and leaders accountable for the actions that worsen the climate crisis, impacting our homes, our lives, and our futures."
Our Children's Trust represented plaintiffs in Held—the first youth-led constitutional climate lawsuit in U.S. history to go to trial and win—as well as Navahine v. Hawaii Department of Transportation, which wrapped up with a settlement last year.
"Last June, my lawsuit—Navahine v. Hawaii Department of Transportation—achieved the first settlement in a constitutional climate case, securing the systemic decarbonization of a state transportation system. This historic moment would not have been possible without the blueprint laid by the Juliana youth plaintiffs," plaintiff Mesina D. said Monday.
"They took on the most powerful government in the world, and their resilience and perseverance showed us that it's possible to stand up for what's right and demand justice, even in the face of overwhelming odds," she continued. "Thanks to these 21 Americans, young people everywhere now know they can raise their voices and demand the protection of their constitutional rights to life and liberty."
Looking ahead, Olson said that "we've already secured important victories, and we will continue pushing forward. This fight is far from over. These claims will be heard, evidence will be presented, and the federal government will be held accountable. The Juliana plaintiffs started this fight for justice, and others will carry it forward."
"This is a call to all young people who want to stand up to those in the executive office of the president who would silence you and threaten your health and safety—join us in protecting your constitutional rights," she continued, nodding to Republican President Donald Trump's support for fossil fuels and the industry's assault on the global climate.
"Juliana has ignited a movement and created a powerful legal framework for future generations to assert their constitutional rights in the face of the climate crisis," she concluded. "Our Children's Trust remains committed to working with young people to hold their government accountable and we will see the federal government back in federal court very soon."
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