Utah Supreme Court considering whether climate lawsuit filed by 7 children should be dismissed
Sep 4, 2024, 8:00 PM
Youth who filed a lawsuit contesting Utah's fossil fuel policies listen as their attorney argues before the Utah Supreme Court on Wednesday. They argued that their case should not have been dismissed by a lower court. (Utah Supreme court, YouTube)
(Utah Supreme court, YouTube)
SALT LAKE CITY — Utah children, along with their family and friends, filed into a courtroom on Wednesday to hear their attorney argue before the Utah Supreme Court that they should have the right to use the court system to fight Utah’s policies concerning the environment and fossil fuels.
The lawsuit — filed in 2022 by seven minors, then between 9 and 17 — was dismissed by 3rd District Judge Robert Faust later that year. He ruled the children have a “valid concern” but that the Utah Legislature has balanced interests in its policies, and a court striking the policies down violates the separation of powers in government.
Andrew Welle, an attorney with Our Children’s Trust, an organization that has filed similar lawsuits in other states, argued that Utah’s laws “are causing serious harms to their personal health and safety by taking years off their life.”
He said this isn’t a hypothetical future harm but is impacting them right now. Welle said Utah statute is maximizing fossil fuel development, which is not constitutional considering his clients’ “health emergency.”
“There’s a scientific certainty that will be developed and proven at trial that they’re losing years off of their lives today as they’re exposed to these conditions,” he said.
Welle said there is technology available to provide energy without causing substantial harm.
He argued that fundamental constitutional protections, specifically the right to life and liberty, restrict government from harming health.
“There are very clear fundamental rights at issue for these youth,” Welle said.
