California children file federal lawsuit against EPA, alleging failure to address harmful climate pollution
A group of 18 California children, aged 8 to 17, have filed a groundbreaking constitutional climate case in federal court against the US EPA They claim the agency's inaction on climate pollution has severely impacted their health and welfare over many years
A new constitutional climate case has been filed in federal court by a group of 18 California children, aged 8 to 17, against the US Environmental Protection Agency. The case, Genesis B. v. United States Environmental Protection Agency, accuses the EPA of causing harm to children's health and welfare over the course of several decades. It alleges that the EPA "intentionally allows" planet-warming pollution to come from the sources it regulates, such as vehicles, heavy-duty trucks, power plants, and oil and gas wells. This case follows the first successful constitutional climate case in the US earlier this year, which was brought by youth plaintiffs in Montana.
The lawsuit claims that despite knowing the harm it causes to children's health and welfare, the agency allows this pollution. It was filed on Sunday night in the US District Court in the Central District of California. Julia Olson, chief legal counsel for Our Children's Trust, stated, "There is one federal agency explicitly tasked with keeping the air clean and controlling pollution to protect the health of every child and the welfare of a nation - the EPA. The agency has done the opposite when it comes to climate pollution, and it's time the EPA is held accountable by our courts for violating the US Constitution and misappropriating its congressionally delegated authority."
The defendants in the case include Michael Regan, the current EPA Administrator, who is overseeing the EPA's aggressive efforts to reduce planet-warming pollution from vehicles, power plants, and the oil and gas industry.
According to EPA spokesperson Timothy Carroll, the agency cannot comment on the lawsuit as it is pending litigation. However, Carroll reiterated the agency's commitment to crafting regulations with the urgency that the climate crisis demands.
"EPA is dedicated to utilizing all of its powers to safeguard communities and diminish the pollution contributing to climate change," Carroll stated, highlighting the agency's recent measures to control the potent methane emissions. Carroll also acknowledged the newly established EPA youth advisory council focused on the environment.
The basis of this youth climate lawsuit extends well beyond the Biden administration. The plaintiffs claim that since the EPA's establishment five decades ago, it has allowed the US to become one of the largest emitters of climate-altering pollution globally, despite being aware of the harm it would cause to children.
The youth plaintiffs described in their statements how their lives have been directly affected by climate-fueled wildfires, extreme heat, and floods.
"We are constantly fleeing wildfires, being forced out by floods, and experiencing anxiety in overheated classrooms during another heatwave," stated 15-year-old plaintiff Noah. "We are filled with ongoing concerns about the future, and it seems that no one is taking action quickly enough. The Constitution ensures that every American, particularly children, have the right to life, liberty, and the pursuit of happiness."
The youth plaintiffs' primary objective is to have a trial in this case. Our Children's Trust, the firm representing the plaintiffs, successfully argued and won a high-profile climate case in Montana's state court last year, marking the first constitutional climate trial in the US. In the Montana case, District Court Judge Kathy Seeley ruled that the state's continued development of fossil fuels violated a clause in its state constitution that guarantees its citizens the right to a "clean and healthful environment." Montana is one of several states with explicit environmental guarantees written into their state constitutions. The state attorney general's office is currently appealing Seeley's ruling to the Montana Supreme Court.
Our Childrens Trust attorneys are currently representing additional young plaintiffs in a climate case in Hawaii, which is scheduled to proceed to trial in June 2024. While achieving success at the state level, our organization has encountered challenges in advancing federal climate cases to trial. Nonetheless, we are actively pursuing a separate federal climate case - Juliana v. United States - with hopes of reaching trial by spring 2024.
The Juliana plaintiffs claim that the federal government's actions, such as granting permits and leases for oil and gas drilling, are infringing upon the constitutional rights of young people to life, liberty, and property. This story has been revised to include new details.
