Lighthiser v. Trump

Lighthiser v. Trump

What’s at Stake

Twenty-two youth plaintiffs filed this lawsuit in the U.S. District Court for the District of Montana to challenge a coordinated set of executive orders issued earlier this year. The challenged executive orders “unleash” fossil fuel development and amount to a wholesale attack on clean renewable energy and climate science—escalating the climate emergency and threatening the constitutional rights of young people.

Summary

Lighthiser v. Trump is a constitutional right to life, liberty & ultra vires case that directly challenges the President’s executive orders to “unleash” fossil fuels and dismantle climate protections. The plaintiffs—primarily youth from Montana, along with others from Hawai‘i, Oregon, California, and Florida—are suing President Donald J. Trump and numerous federal agencies, including the Department of Energy, Department of Transportation, Environmental Protection Agency, and National Aeronautics and Space Administration.

Executive Order 14154, entitled “Unleashing American Energy,” directs federal agencies to promote and facilitate fossil fuel energy exploration and production on Federal lands and waters and  eliminates the so-called electric vehicle “mandate.” To enact this directive, the order requires the heads of agencies to “suspend, revise, or rescind all agency actions” that place an “undue burden” on fossil fuel identification, development, or use, and for agencies to “undertake all available efforts to eliminate all delays within their respective permitting processes” for fossil fuel projects. The order also requires agencies to “immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 (Public Law 117-169) or the Infrastructure Investment and Jobs Act (Public Law 117-58).”

Executive Order 14156, entitled “Declaring a National Energy Emergency,” declares a national emergency under the National Emergencies Act, 50 U.S.C. § 1601 et seq., over the United States’ alleged “insufficient energy production, transportation, refining, and generation.” To deal with this “emergency,” the order directs agencies to invoke their emergency powers “to facilitate the identification, leasing, siting, production, transportation, refining, and generation” of fossil fuels.

Executive Order 14261, entitled “Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 14241,” mandates that the United States treat coal as “essential to our national and economic security.” To enact this mandate, the order directs agencies to prioritize coal by “removing regulatory barriers that undermine coal production, encouraging the utilization of coal to meet growing domestic energy demands, increasing American coal exports, and ensuring that Federal policy does not discriminate against coal production or coal-fired electricity generation.” Among other things, the order requires the Secretary of the Interior and the Secretary of Agriculture to exercise their emergency powers to prioritize and expedite coal leasing, and the Secretary of Commerce to take all actions to promote and identify opportunities for coal and coal technologies.

These orders are already being implemented by federal agencies. For example, the Department of Interior is currently fast-tracking thousands of oil and gas leases across Western states. The Environmental Protection Agency has announced that, in accordance with the orders, it will reconsider its 2009 endangerment finding that current and projected concentrations of GHG emissions threaten the public health and welfare of current and future generations. The Environmental Protection Agency has also announced that it will scale back or eliminate dozens of rules that limit harmful air pollution emissions. The United States Army Corps of Engineers has created a new class of “emergency” permits for fossil fuel projects, which will severely expedite the environmental review process.

These orders will undoubtedly result in an increase in greenhouse gas emissions, resulting in, among other harms, extreme weather events that increase in frequency and severity. The orders will irreversibly harm access to clean air, pure water, snow, healthy forests, natural temperature variation and weather patterns, stable coastlines, and a life-sustaining climate. While an increase in greenhouse gas emissions harms everyone, the youth plaintiffs are particularly vulnerable to greenhouse gas pollution. Young people will suffer an increased risk of harm because of the greenhouse gas emissions increased pursuant to the challenged orders.

Core Legal Problem

The suit challenges the orders as ultra vires and unconstitutional under the Fifth Amendment of the United States Constitution. The orders are not authorized under any constitutional or statutory provision. The executive orders violate the Constitution by immediately threatening essential aspects of plaintiffs’ lives, including their health, safety, bodily integrity, opportunity to pursue happiness, and their full natural lifespans and a livable future.

On September 16 and 17, 2025 a two-day hearing was held where Judge Dana L. Christensen heard arguments and live testimony from witnesses for both parties on two motions: a motion for preliminary injunction filed by the youth plaintiffs asking the court to halt the implementation of Executive Orders 14156, 14154, and 1426 until their case is decided, and the defendants’ motion to dismiss the youths’ case.