Bipartisan Former U.S. Officials and Legal Scholars Join Broad Coalition Supporting Youth Challenge to Trump’s Fossil Fuel Executive Orders
Contacts:
Julia Olson, Chief Legal Counsel, 415.786.4825, julia@ourchildrenstrust.org
Helen Britto, Communications Associate Director, 925.588.1171, helen@ourchildrenstrust.org
Nicole Funaro, Media Relations Strategist, nfunaro@publicjustice.net
MISSOULA, M.T. — Former senior U.S. government officials, legal scholars, climate scientists, faith leaders, children’s rights scholars, and environmental law experts have filed 8 amicus briefs supporting 22 young Americans challenging President Trump’s fossil fuel executive orders in Lighthiser v. Trump, now before the Ninth Circuit Court of Appeals.
The amicus briefs support the youth plaintiffs’ appeal which seeks to overturn a lower court decision that blocked their constitutional claims challenging the Trump administration’s 2025 executive orders. These orders direct federal agencies to “unleash American energy” through expanded fossil fuel development, suppress public access to climate science, and block clean energy solutions. The amici underscore that these executive actions are unconstitutional directives that endanger young people’s lives, health, and safety.
The briefs come as the Ninth Circuit considers whether the judiciary has a duty to act as a check on executive actions that knowingly accelerate fossil fuel pollution and harm the plaintiffs, violating their right to life. The amici bring significant expertise in supporting the youth plaintiffs’ standing to proceed with their case, and the constitutional imperative that the judiciary respond to this important controversy over executive conduct that injures children.
A bipartisan coalition of former senior U.S. officials represented by a clinic at the University of Chicago Law School — including John Podesta, former Senior Advisor to the President for International Climate Policy and Clean Energy Innovation; Bill Reilly, former Administrator of the U.S. Environmental Protection Agency; Jennifer Granholm, former Secretary of Energy; Sally Jewell, former Secretary of the Interior; and Shaun Donovan, former Secretary of Housing and Urban Development — filed a brief emphasizing that the Trump administration’s executive orders on fossil fuels directly threaten the health and safety of young Americans. Drawing on decades of experience across five administrations, the former officials explain that executive branch agencies routinely implement court orders halting unlawful executive actions. Past examples — including injunctions against environmental, labor, and contracting executive orders under Presidents Clinton, George W. Bush, Obama, Trump, and Biden — demonstrate that enjoining unlawful orders is both feasible and effective. As the brief states, “Just as officials know how to implement executive orders, they also know how to respond to court orders enjoining them. Officials, who swear an oath to support and defend the Constitution, understand that they must comply with judicial orders that rule on the constitutionality of executive orders. Amici knew this to be an essential part of their oaths of office. When faced with challenges, legal proceedings, and enjoinments of executive orders, officials have reversed or delayed rules, changed internal guidance, and taken other actions necessary to comply with court orders.”
A group of 13 leading legal scholars, including Dean Erwin Chemerinsky and Dean David Faigman filed an amicus brief emphasizing that the youth plaintiffs’ request for a declaratory judgment is fully within the power of the courts. The scholars explain that when a court declares executive actions unlawful, that declaration alone can protect people from harm and resolve real legal disputes. They highlight how courts have long used declaratory judgments to stop unlawful government conduct and that officials are expected to follow those rulings. They warn that dismissing this case would improperly narrow the courts’ role and weaken a critical legal tool Congress created to protect constitutional rights. As the brief states, “The requested relief at issue in this appeal falls squarely within the traditional scope of declaratory judgment actions: it would resolve a concrete controversy through conclusive judicial determination. For these reasons, this Court should reverse the erroneous ruling below, thereby aligning this case with the extensive precedent that recognizes the requested declaratory judgment as sufficient to establish redressability.”
In addition to these briefs, six more amici filed in support of the youth plaintiffs, including children’s rights scholars, climate scientists, international environmental law experts, renewable energy experts, faith leaders, and other advocates from across the country. Together, the eight briefs underscore widespread concern for the health, safety, and constitutional rights of these young Americans and highlight broad support for allowing the plaintiffs’ claims to proceed. The full briefs can be read here.
“I’m deeply thankful to the legal and children’s scholars, scientists, former government officials, faith leaders, and every single person who showed their support for our case through these amicus briefs,” said lead plaintiff Eva Lighthiser. “Yesterday, while people across the United States took to the streets to protest President Trump’s harmful policies, these amici used the levers of our democracy to stand with us in court. Their support tells the Ninth Circuit how real and urgent the threats to our health, safety, and right to life are. I know that when the court reviews our case, it will be abundantly clear why we deserve the chance to have our case heard at trial.”
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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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