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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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WATCH LIVE: Sanders, AOC 'Fighting Oligarchy' Event in Montana
The event that will cap a five-day sprint across western states that have drawn record crowds, including in deep-red regions won by President Donald Trump.
Apr 16, 2025
Independent Sen. Bernie Sanders of Vermont and Rep. Alexandria Ocasio-Cortez of New York continued their 'Fighting Oligarchy' tour on Wednesday with a final stop in Missoula, Montana—an event that will cap a five-day sprint across western states that have drawn record crowds and invigorated those sickened by President Donald Trump's authoritarian assault on democracy, human rights, civil liberties, and the nation's working people.
Wednesday's event is set to kick off at 3:00 pm eastern (1:00 pm local time) on the campus of the University of Montana in Missoula.
Jacob Owens, a reporter with the local NBC News affiliate, said hundreds of people were already lined up for the event as of mid-morning, with some arriving as early as 5:00 am to make sure they were able to get into the event. As of this writing, over 6,000 people were already in attendance.
Watch it live:
FIGHT THE OLIGARCHY WITH BERNIE AND AOC: MONTANAwww.youtube.com
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'Monumental Win': Montana Supreme Court Upholds Decision on Youth Climate Case
The court, said one attorney, "has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests."
Dec 18, 2024
Youth plaintiffs celebrated on Wednesday after the Montana Supreme Court upheld a judge's August 2023 decision that the state government's promotion of climate-wrecking fossil fuels violates the young residents' state constitutional rights.
"This ruling is a victory not just for us, but for every young person whose future is threatened by climate change," said Rikki Held, the named plaintiff for Held v. State of Montana, in a statement. "We have been heard, and today the Montana Supreme Court has affirmed that our rights to a safe and healthy climate cannot be ignored."
Highlighting that "this will forever be in the court record, despite any continued rhetoric of denial coming from people in power in the state," Grace, another plaintiff, said, "I am thrilled that the Montana Supreme Court has sided with Montana citizens to protect the people and the places we love."
Another plaintiff, Olivia, welcomed the ruling as "a monumental win" and "a call to action for all Montanans."
Plaintiff Georgi similarly asserted that "this is a time for Montana to embrace the future—clean energy offers economic benefits and new jobs," and added that "we look forward to working with the state to implement this transition and ensure that Montana leads the way in tackling the climate crisis."
Plaintiff Kian pointed to other ongoing cases across the globe, declaring that "this ruling is not just a win for Montana—it's a signal to the world that youth-led climate action is powerful and effective."
"We hope this decision inspires others across the country and beyond to stand up for their rights to a livable climate," Kian continued. Just as the youth plaintiffs in Navahine v. Hawaii Department of Transportation secured historic climate justice through a settlement this past June, the eyes of the world are now on us, seeing how youth-driven legal action can create real change."
In Montana, the state government appealed District Court Judge Kathy Seeley's historic ruling in favor of the 16 young plaintiffs to the state's highest court, which heard arguments in July. Wednesday's 6-1 decision—only Justice Jim Rice dissented—is the first of its kind for a state supreme court.
The majority's 70-page opinion discusses the drafters of the Montana Constitution, which says in part that "the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations," and "the Legislature shall provide for the administration and enforcement of this duty."
Chief Justice Mike McGrath wrote that the court's majority rejects "the argument that the delegates—intending the strongest, all-encompassing environmental protections in the nation, both anticipatory and preventative, for present and future generations—would grant the state a free pass to pollute the Montana environment just because the rest of the world insisted on doing so."
"The district court's conclusion of law is affirmed: Montana's right to a clean and healthful environment and environmental life support system includes a stable climate system, which is clearly within the object and true principles of the framers' inclusion of the right to a clean and healthful environment," the chief justice added.
Attorneys for the plaintiffs joined the young Montanans in applauding the opinion. Nate Bellinger of Our Children's Trust said that "this is a monumental moment for Montana, our youth, and the future of our planet."
"Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests," he added. "This is a victory for young people and for generations to come. The court said loud and clear: Montana's Constitution does not grant the state a free pass to ignore climate change because others fail to act—this landmark decision underscores the state's affirmative duty to lead by example."
Melissa Hornbein, senior attorney with the Western Environmental Law Center, noted that "the Montana Supreme Court's decision compels the state to carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits."
"Specifically, Montana's regulatory agencies must now evaluate the potential harm to the environment and the health and safety of the state's children from any new fossil fuel projects, and determine whether the project can be justified in light of the ongoing unconstitutional degradation of Montana's environment, natural resources, and climate," she explained. "This ruling clarifies that the constitution sets a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation on a per capita basis, and to transition to a clean, renewable energy future."
Whether the state government will comply with the decision remains to be seen. In a statement to The Hill, a spokesperson for Republican Montana Attorney General Austin Knudsen's office called the ruling "disappointing, but not surprising" and claimed that the court majority "yet again ruled in favor of their ideologically aligned allies and ignored the fact that Montana has no power to impact the climate."
Separately, Knudsen on Tuesday filed his 59th lawsuit against the Biden administration, challenging its plan to halt federal coal production in the Powder River Basin, which the attorney general said would "effectively kill Montana's coal industry."
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