A federal judge in California has dismissed a case brought against multiple U.S. agencies by 18 children through Our Children's Trust, a nonprofit empowering young people to advocate for a cleaner, healthier future and safer childhood.
What's happening?
On Feb. 11, U.S. District Judge Michael W. Fitzgerald dismissed a lawsuit against the Environmental Protection Agency and — upon amendment — the Office of Management and Budget and OMB Director Shalanda Young.
The lawsuit, filed in 2023, alleged that the agencies had discriminated against the plaintiffs, failing to recognize their economic value as children and harming their health and welfare through its regulations regarding acceptable levels of planet-warming pollution.
The lawsuit asked the federal government "to clarify the standard of judicial review to protect the equal protection rights of children as a unique and protected class that is different from adults," per Our Children's Trust. It also hoped to stop the EPA from allowing "life-threatening levels" of pollution to continue, advocating for a complete phase-out of dirty fuels by 2050.
The dismissal came because the judge ruled the "plaintiffs have failed to demonstrate that their injuries are fairly traceable to the Discounting Policies" — language the lawsuit used to refer to the EPA's guidelines and a guidance document from the OMB regarding benefit-cost analysis.
Why is this important?
Despite the case's dismissal, communities are still experiencing the devastating impacts of rising global temperatures, which are primarily driven by pollution from dirty fuels.
"Children in the western United States regularly breathe into their lungs air polluted by toxic smoke from climate-fueled wildfires and fossil fuel operations," the complaint reads, noting that children are often confined to their homes, unable to use recreation areas, and lose multiple learning days at school because of unsafe air quality. Others' homes have been destroyed by fires.
For instance, Genesis, one of the plaintiffs, lives in a house without air conditioning, meaning she has to keep the windows open during the summer, per Our Children's Trust. This has exacerbated her seasonal allergies and exposed her to toxic ash from wildfire smoke.
Meanwhile, an oil spill near Zubayr and Muaawiyah's nearby neighborhood park has left them unable to fully enjoy the physical and emotional benefits of being outdoors.
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Definitely 👍 "This ruling is nothing short of judicial dereliction in the face of a climate emergency. The court refused to consider that the government's devaluation of children isn't just bad policy — it's a violation of fundamental equal rights," Julia Olson, the plaintiffs' chief legal counsel said in a statement.
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What's being done about this?
According to Common Dreams, the Biden administration had advocated for dismissal of the lawsuit despite greenlighting a robust climate action plan and making other moves to strengthen environmental protections that benefit public health.
It is unclear how things could play out under a Trump administration that has signaled its intent to roll back many regulatory protections. On Jan. 25, CBS News reported that the president had withdrawn a plan to empower the EPA to further limit toxic "forever chemicals" in drinking water.
Nevertheless, the children who filed the lawsuit are working with their attorneys to explore the next steps in making their voices heard as they seek to hold the U.S. government accountable.
"We are not backing down. This fight is about refusing to let our lives be discounted, and we won't stand by as our future is treated as expendable," plaintiff Maya W. said in a statement. "We are fighting not just for ourselves, but for every young person who deserves a world where their lives, their health, and their future matter."
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