Supreme Court upholds dismissal of environmental lawsuit filed by Utah kids

SALT LAKE CITY — The Utah Supreme Court agreed with the dismissal of a lawsuit contesting Utah’s fossil fuel policies.

The lawsuit was filed in 2022 by seven individuals, then between the ages of 9 and 18, and dismissed later that year by 3rd District Judge Robert Faust. They claimed Utah’s policies are causing harm to their health and taking years off their lives.

The Utah Supreme Court ruled unanimously the case should be dismissed, saying the district court would not have jurisdiction or authority to consider the case. The high court did, however, ask the court to change its ruling from a dismissal with prejudice to a dismissal without prejudice — meaning the children could try to file the case again.

The judges also determined the plaintiffs did not have standing to file multiple claims in the lawsuit because a decision in their favor would not address their claimed injury.

A ‘partial win’

 

Natalie Roussel, the lead plaintiff in the case, said they “remain steadfast” in demanding Utah should reject fossil fuel development.

“Our commitment to advancing these crucial constitutional challenges is stronger than ever,” she said in a statement.

She and the other plaintiffs continue to claim the Utah Constitution provides a right to life that is being infringed upon by the pollution the state government is allowing to persist with its policies.

Our Children’s Trust, the organization representing the children, called the ruling a “partial win.” The lead attorney, Andrew Welle, said the opinion had “much to celebrate” and opened a path for them to continue the challenge against fossil fuel development.

“We won the vital ruling that no agency in Utah is required to authorize fossil fuel activities at the expense of children’s health. The state has full discretion to deny fossil fuel permits and say ‘no more’ to the industry. The state can fully embrace its renewable energy potential and leave its children a legacy of health,” he said.

The organization’s statement said Utah changed its policy on energy in 2024 in response to this lawsuit

 

Response from Utah leaders

 

Utah Attorney General Derek Brown said he is proud of the attorneys who represented Utah in the case and is pleased with the ruling.

“The state of Utah has consistently shown its commitment to ensuring that Utahns have access to reliable and affordable energy,” he said.

Gov. Spencer Cox called the ruling a “great decision,” and said it is what he expected in his monthly press conference on Thursday.

“These are frivolous claims that have no basis in law or under our constitution,” he said.

Cox says he believes the Utah government is pursuing “the best energy policies” for Utahns and for the future. He said the policies those who filed the lawsuit want would make it impossible to build the energy they want — and encouraged ingenuity to protect the environment while providing enough energy.

“No amount of regulation is going to do what they want us to do. Innovation is the key to securing our energy future, decarbonizing our atmosphere and making life better for all of us,” he said.

He said the environmental movement adding destruction to the environment and preventing renewable resources by adding expensive regulations.

“The radical agenda of the extreme environmental movement, it has proven itself a failure,” he said.

Cox said he is grateful his friends on the left are beginning to recognize they’ve been “led astray” by the “extreme” movement.

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