A group of young individuals, ranging in age from 7 to 25, have initiated legal action against the Trump administration, aiming to halt its efforts to undermine renewable energy initiatives and climate action.
In a complaint submitted to a US District Court in Montana, the plaintiffs assert that the executive orders signed by President Donald Trump to favor fossil fuel production represent an “unconstitutional” overreach of power. They argue that such actions not only increase pollution but also dismiss established climate science, which infringes upon their Fifth Amendment rights regarding life and liberty.
This lawsuit exemplifies a growing trend where youth activists are challenging governments over concerns that fossil fuel-related pollution and climate change pose significant risks to their health and future well-being.
Highlighted in the case are two brothers, aged 11 and 7, referred to in the lawsuit as “J.K.” and “N.K.”, who point out they were born during periods of climate change-driven smoke seasons that previous generations did not experience and which pose health risks, as stated in the complaint.
The boys, who have primarily lived in Montana but now reside in Southern California, have suffered health issues due to wildfire smoke affecting their lives across state lines. J.K. was born with an abnormal mass of lung tissue and has suffered from various symptoms including nosebleeds and difficulty breathing. Meanwhile, N.K. has experienced frequent respiratory infections necessitating emergency care. Both have missed school and camp due to health problems linked to smoke and soot from wildfires.
The lawsuit asserts that greenhouse gas emissions from fossil fuels trap heat, contributing to longer fire seasons in the western United States. Reportedly, the area affected by forest fires in this region has doubled between 1984 and 2015 as hotter and drier conditions have persisted. The complaint states that every additional ton of greenhouse gas emissions caused by the administration will lead to poorer air quality and increased risks to J.K. and N.K.
Recent research has been directed toward understanding the long-term health effects of wildfire smoke, which has often been overshadowed by concerns over pollution from more stable sources like factories and highways. Chronic exposure to wildfire smoke is now recognized as a significant health issue and is classified as a neurotoxin that can be more harmful than other air pollutants, though its effects can differ based on the materials burned.
After Trump campaigned on a platform promoting fossil fuel expansion, he signed several executive orders on his first day in office which declared a “national energy emergency,” promoting domestic fossil fuel production and gas-powered vehicles while attempting to rejuvenate the coal industry, despite its higher pollution output.
The plaintiffs are seeking to block the enforcement of Trump’s executive orders and have filed claims asserting these measures are unconstitutional. They also allege Trump lacks the authority to weaken environmental protections enacted by Congress under the Clean Air Act. Additionally, they criticize the administration’s attempts to obstruct scientific research and remove climate-related information from federal websites, viewing this as a form of censorship that limits their access to resources needed to address climate change risks.
In response to the lawsuit, White House assistant press secretary Taylor Rogers emphasized in an email to The Verge that Americans prioritize economic and national security, claiming that the electorate chose Trump to restore energy independence while arguing that future generations should not bear the consequences of what they termed a radical climate agenda.
The plaintiffs, coming from Montana, Oregon, Hawaii, California, and Florida, are represented by the nonprofit law firm Our Children’s Trust, known for advocating on behalf of youth in similar climate-related lawsuits. A prior federal appellate case filed against the Obama administration in 2015 regarding fossil fuel pollution was dismissed, and the US Supreme Court recently declined to hear an appeal.
However, there have been successes in youth-led climate litigation, including a settlement with Hawaii that commits to achieving zero transportation-related greenhouse gas emissions by 2045. Notably, J.K. and N.K. were involved in a climate lawsuit against Montana, where the state’s Supreme Court upheld a district ruling that recognized their right to a clean and healthy environment while rejecting policies that overlooked climate change impacts in new energy project approvals.
