On Sunday, May 12, 2024, Just The News reported that a federal judge in California dismissed a youth climate lawsuit against the Environmental Protection Agency (EPA), the second such litigation to be dismissed in a month.

The article outlines that in December 2023, young people filed a class action lawsuit against the federal government, arguing that by allowing the use of fossil fuels, their Constitutional rights were being violated and they were experiencing injuries. The group of young plaintiffs, represented by the non-profit organization Our Children’s Trust, claimed that climate change is a major threat to their health and future.

However, U.S. District Judge Michael Fitzgerald in Los Angeles granted the EPA’s request to throw out the complaint, finding that while the plaintiffs had outlined various potential harms from climate change such as health impacts, economic damages, and loss of cultural aspects, they did not adequately demonstrate how a ruling in their favor would actually remedy those injuries. This ruling marked the second blow to Our Children’s Trust’s litigation campaign. Earlier this month, the 9th U.S. Circuit Court of Appeals had also dismissed one of their similar lawsuits from 2015.

In response, Mat dos Santos, co-executive director of Our Children’s Trust, criticized the latest decision as being “unjust and dangerous” since their view was that constitutional violations should not simply be dismissed by courts. The article notes that Judge Fitzgerald did grant the plaintiffs permission to amend their complaint. Going forward, dos Santos said that Our Children’s Trust intends to modify and re-file the lawsuit against the EPA in an effort to further their campaign around banning fossil fuels through legal action on behalf of youth plaintiffs.

 

 

Source: Just The News