Appeal Filed on Behalf of Youth Plaintiffs in ‘Lighthiser v. Trump,’ Federal Right to Life Case
FOR IMMEDIATE RELEASE
Oct. 20, 2025
Media Contacts:
Julia Olson, Chief Legal Counsel, 415.786.4825, julia@ourchildrenstrust.org
Helen Britto, Comms. Associate Director, press@ourchildrenstrust.org
Nicole Funaro, Media Relations Strategist, 203.435.1722, nfunaro@publicjustice.net
A federal court judge said he dismissed the youth-led constitutional case ‘reluctantly.’
MISSOULA, M.T. — An appeal has officially been filed today on behalf of 22 young Americans in Lighthiser v. Trump, a federal right to life case challenging three executive orders issued by President Trump during his second term that direct the federal government to “unleash” fossil fuels, obstruct clean energy development, and suppress critical climate science from public access.
The appeal follows a ruling by the U.S. District Court for the District of Montana that dismissed their case and denied their request for a preliminary injunction blocking President Trump’s executive orders that direct unleashing fossil fuel energy at the expense of wind and solar. The court “reluctantly” found it lacked the power to redress plaintiffs’ injuries.
The historic two-day evidentiary hearing held in Missoula, Montana in September marked the first time in U.S. history that youth plaintiffs in a constitutional climate case presented live testimony in federal court. Over the course of the hearing, the plaintiffs shared deeply personal accounts of the escalating harms they will experience due to President Trump’s executive orders, including wildfire evacuations, heat strokes, and mental health trauma.
The youth plaintiffs — who come from Montana, Oregon, California, Hawai‘i, and Florida — allege these actions violate their Fifth Amendment rights to life and liberty and represent unlawful overreach by the executive branch. The court recognized the youth plaintiffs’ injuries and the causal link between the executive orders and the worsening climate crisis calling it a “children’s health emergency”, but dismissed the case on jurisdictional grounds, saying it lacked the power under Article III of the U.S. Constitution to issue the remedy requested based on a 2020 Ninth Circuit opinion in Juliana v. United States.
Plaintiffs will argue that relying on Juliana v. United States to dismiss the case was in error and that the court has the power to fashion a remedy to redress the constitutional injuries the executive orders are causing.
Julia Olson, Chief Legal Counsel for the plaintiffs, said, “The youth in this case presented overwhelming evidence that their lives are being endangered and their rights violated by the administration’s Executive Orders. The court recognized the seriousness of those harms as a children’s health emergency, yet refused to allow the case to proceed. These Executive Orders unconstitutionally place fossil fuel interests and expansion above the lives of young Americans. That is unconscionable. This administration is also increasing the price of energy by forcing fossil fuels on the American people and blocking the deployment of the cheapest and cleanest form of energy today–wind and solar. This appeal asks the Ninth Circuit to correct the unjust ruling, follow recent Supreme Court standing precedent, affirm that no president is above the Constitution, and uphold these young plaintiffs’ fundamental rights to life and liberty.”
Lead plaintiff Eva L. said, “In a time where the only logical step forward means reducing our emissions, it’s incredibly saddening and disappointing to see this ruling. Coral reefs have just reached a catastrophic tipping point and our emissions have still not gone down. The planet needs our courage. Our voices. Our action. Despite how disheartening this news is, we don’t have the luxury of time. We will continue demanding our voices be heard.”
Plaintiff Taleah H. added, “How can the judge see us, see how we’re being harmed, and then not do anything about it?
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Our Children’s Trust was founded in 2010 on the idea that courts are vital to democracy and empowered to protect our children and the planet. Without a stable climate system, every natural resource we rely upon to exercise our basic human rights—life, liberty, home, happiness—is under threat. Our work will be achieved when there is universal recognition of children’s climate rights by courts around the world and children’s fundamental rights to life on this planet are protected. www.ourchildrenstrust.org
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