By Ava Blando | At least 137 people are dead after devastating flash-flooding in Texas in early July, including many children. As climate change induced disasters grow more common and the Trump administration rolls back environmental protections, several organizations are pursuing creative legal strategies to defend children’s fundamental right to a safe, healthy and stable natural environment.
On behalf of 22 young people, Our Children’s Trust filed Lighthiser v. Trump in May as part of its multi-case Youth v. Gov effort, asserting that three of the president’s pro-fossil fuel executive orders violate their constitutional rights to life, health and safety.
On July 16, hundreds gathered outside the U.S. Capitol to hear from Lighthiser plaintiffs and members of Congress at a press conference hosted by Our Children’s Trust and several organizational partners.
The same day, the Children’s Fundamental Rights to Life and a Stable Climate System resolution was introduced by Sen. Merkley (D-Oreg.) and Reps. Schakowsky (D-Ill.), Jayapal (D-Wash.) and Raskin (D-Md.). More than 50 additional senators and representatives joined the resolution as cosponsors.
Eva Lighthiser and Lander Busse were also plaintiffs in Held v. State of Montana, in which the Montana Supreme Court ruled that state law restricting consideration of climate change in environmental reviews violated youth plaintiffs’ right to a clean and healthful environment. The suit saw success largely because Montana has a Green Amendment—a constitutional amendment in the Bill of Rights section of the state Constitution explicitly declaring the legal right to a safe, healthy and stable natural environment for all people. Thus far, only Montana, Pennsylvania and New York have Green Amendments. The organization Green Amendments for the Generations (GAFTG) is working state-by-state alongside community partners to get new state-level Green Amendments passed.
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