Dear friends,

We’re excited to announce that we’ve filed a new constitutional climate lawsuit today against the Commonwealth of Virginia on behalf of 13 young Virginians. In Layla H. v. Commonwealth of Virginia, the youth assert that their state government is actively contributing to the climate crisis by permitting fossil fuel infrastructure including the production, transport, and burning of fossil fuels, thus violating the young plaintiffs’ public trust and state constitutional rights of life, liberty, and property.

These 13 Young Virginians Are Fighting for Climate Justice and the Protection of their Constitutional Rights - and We’re Right There Beside Them!

All About Layla H. v. Commonwealth of Virginia

The children and teenagers we represent in this case live in communities across the Commonwealth and range in age from 10 to 19 years old. Ten of the 13 plaintiffs are under the age of 18 and have no vote or say in the vital decisions their government makes on fossil fuels. 

In the complaint we filed in Richmond today alongside our Virginia co-counsel Isak Howell, the youth plaintiffs assert: “For decades, the Defendants have implemented a policy and practice of approving permits for fossil fuel infrastructure in the Commonwealth of Virginia, including permits for the production, transport, and burning of fossil fuels. Defendants’ historic and ongoing permitting of fossil fuel infrastructure has, and continues to, cause dangerous levels of greenhouse gas (‘GHG’) pollution, including carbon dioxide (‘CO2’). This GHG pollution causes and contributes to the ongoing climate crisis and causes grave harm to these thirteen Youth Plaintiffs.”

Virginia knows that continuing fossil fuel reliance contributes to dangerous and deadly climate harms in the Commonwealth, like increasing temperatures; sea level rise; extreme storms, precipitation, flooding, and other severe weather events; and increased incidences of vector-borne illnesses like Lyme disease. These 13 young plaintiffs are the living proof of these harms. They are already experiencing a number of devastating physical and mental health injuries, significant damage to their homes and personal property, economic harms, and disruptions to their religious, family, and cultural roots and practices.

What Are the Youth Requesting from the Court?

First, the youth plaintiffs want a trial court to hear all of the evidence of how Virginia’s fossil fuel policies and practices are causing them harm. Then they want the court to say in a judgment, based on all of this evidence, that Virginia’s policy and practice of permitting fossil fuel infrastructure is unconstitutional and is violating the youths’ fundamental rights under the Virginia Constitution. When a court declares government conduct unconstitutional, the government then has to fix it and cannot keep doing what it has been doing. If necessary, the court can order them to stop and take other action to enforce its own constitutional judgment. 

Nate Bellinger, Senior Staff Attorney at Our Children’s Trust and lead counsel for the youth plaintiffs, explained, “For decades, both Democratic and Republican administrations in Virginia have been promoting fossil fuels as the Commonwealth’s primary energy source, despite having long-standing knowledge of the dangers posed by fossil fuels and the climate crisis. In filing this case, these 13 youth plaintiffs are looking to the judiciary to fulfill its duty to act as a check on the political branches and protect their fundamental rights.”

Lead plaintiff Layla H. stated, “Knowing that kids like me have a platform in the courts to voice our concerns and demand change is a game-changer. Virginia’s youth never signed up to clean up the mistakes of previous generations, but I’m glad to be a part of a movement that holds our state government accountable for decisions they have made, and are making to this day, that harm the lives of my generation and future generations.”

She continued, “I’m so proud and grateful to be working with Our Children’s Trust to ensure the safety and health of not only my generation, but future generations as well. I am hopeful for a positive outcome and am determined to spread the word: climate change is systemic and getting involved with the justice system and courts is a great way to hold our leaders accountable and enact change in our local communities and beyond.”

Youth plaintiff Katerina L. said, “This case is a chance to finally ensure that our right to a stable climate—our right to life—is protected. We are tired of our fears being ignored, and the courts are a way to make sure our voices are heard by the government that represents us.”

What You Can Do!

Today is an exciting day and the beginning of a journey toward climate justice for these 13 young people. Virginia’s youth asked us to help them, and we are honored to represent them in this case alongside Isak Howell. With your invaluable support, we are thrilled and privileged to provide them with expert representation, all at no cost to them or their families. Please donate today to support these 13 young Virginians as they seek to protect their legal right to a safe climate!

We’d also like to invite you to join us for an online event next Wednesday, February 16th to discuss this new case. Come meet some of the youth plaintiffs and their attorneys as well as learn more about their case and what happens next now that they’ve filed their constitutional climate case with the court!

WHAT: Climate Justice in VA: Layla H. v. Commonwealth of Virginia

WHEN: Wednesday, February 16th at 1:00-2:00pm PST / 2:00-3:00 MST / 3:00-4:00 CST / 4:00-5:00 EST

WHERE: Register to join us online here!

We hope to see you then. Until then, stay tuned for updates in this exciting new youth-led constitutional case!
 

In solidarity,

The Team at Our Children’s Trust