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

In a major blow to young climate activists, a federal appeals court panel in Seattle rejected a long-running lawsuit on Wednesday that argued the U.S. government’s role in climate change violated their constitutional rights.

The 9th U.S. Circuit Court of Appeals had previously ordered the case dismissed in 2020, stating that determining the nation’s climate policies should be left to politicians, not judges. However, U.S. District Judge Ann Aiken in Eugene, Oregon, allowed the activists to amend their lawsuit, leading to a trial ruling last year.

Following a request from the Biden administration, a three-judge panel from the 9th Circuit issued an order for Aiken to dismiss the case, which she did. Julia Olson, an attorney with Our Children’s Trust, the nonprofit law firm representing the activists, mentioned that they were considering asking for a rehearing with a larger group of judges.

One of the activists, Avery McRae, expressed frustration in a news release, 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. I am fed up with the continuous attempts to squash this case and silence our voices.”

The lawsuit, known as Juliana v. United States, was filed in 2015 and argued that the U.S. government’s actions promoting a fossil fuel economy were unconstitutional. Despite being challenged by the Obama, Trump, and Biden administrations, the activists continued to fight for their constitutional right to a sustainable climate.

While this particular lawsuit was unsuccessful, another climate lawsuit brought by young people in Montana was upheld earlier this year, signaling a small victory in the fight against climate change. Our Children’s Trust, the organization behind both cases, has been at the forefront of climate litigation on behalf of young plaintiffs since 2010.