Young Oregon activists’ climate change lawsuit against US government rejected by appeals court

In a disappointing blow to young climate activists in Oregon, a federal appeals court panel has rejected their long-running lawsuit against the U.S. government over its role in climate change. The activists, who argued that the government’s actions violated their constitutional rights, have been fighting for justice since 2015.

The 9th U.S. Circuit Court of Appeals had previously ordered the case dismissed in 2020, stating that climate policies should be determined by politicians, not judges. However, U.S. District Judge Ann Aiken in Eugene, Oregon, allowed the activists to amend their lawsuit and ruled last year that the case could go to trial.

In response to a request from the Biden administration, a three-judge panel issued an order on Wednesday requiring Judge Aiken to dismiss the case, effectively ending the legal battle. The activists, represented by the nonprofit law firm Our Children’s Trust, are now considering asking for a rehearing with a larger slate of judges.

One of the activists, Avery McRae, expressed frustration at the government’s lack of action, stating, “A functioning democracy would not make a child beg for their rights to be protected in the courts, just to be ignored nearly a decade later.”

The case, known as Juliana v. United States, has been closely watched for years. The 21 young plaintiffs, who were between the ages of 8 and 18 when the lawsuit was filed, argued that they have a constitutional right to a climate that sustains life. Despite their efforts, the lawsuit faced challenges from multiple administrations, including Obama, Trump, and Biden.

While this particular lawsuit may have been unsuccessful, another climate lawsuit brought by young people in Montana was recently upheld by the state Supreme Court. This victory gives hope to activists fighting for climate justice across the country.