Onward and Upward to Climate Justice in Utah

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Hi friends,

Yesterday afternoon, Judge Robert Faust ruled in favor of the state to dismiss the constitutional climate case of the seven youth plaintiffs in Natalie R. v. State of Utah, where the youth claim that the State of Utah is violating their constitutional rights through its climate crisis-worsening fossil fuel policies.

As explained by Andrew Welle, Senior Staff Attorney at Our Children’s Trust and co-counsel for the youth plaintiffs, “Yesterday, Judge Faust ruled that Utah’s constitutional right to life doesn't apply in this case. We emphatically contend this is an incorrect interpretation of the law. The state of Utah cannot substantially reduce the lifespan of Utah’s children without violating their constitutional right to life. And that’s exactly what is happening here: through the permitting and promotion of fossil fuels, the state government is damaging these childrens’ lungs and taking years off of their lives.”

Let us be clear: we are not surprised by this outcome. Trial court judges often make errors like the ones Judge Faust made yesterday. In lay language, we call it a “punt.” This case has vitally important constitutional questions that can only be answered by the courts. So, in the weeks to come, the youths' attorneys will file an appeal on their behalf to ask Utah’s Appellate Courts to overturn Judge Faust’s decision, open the courthouse doors to Natalie, Dallin, Emi, Lola, Lydia, Otis, and Sedona, and protect their right to life.

Natalie R. v. State of Utah youth plaintiffs, 11/4/22 (Photo by Robin Loznak)

We knew it would not be quick to secure climate justice in Utah’s courts. But at Our Children’s Trust, we don’t file cases only where the win will be easy and quick. We file cases where we see urgent need, where young people are suffering from the devastating harms of the climate crisis and where children require legal representation. We file cases where the most fundamental human rights of young people are being violated and the need for justice is dire - however long it takes to secure, however challenging the path.

These seven young Utahns went to the courthouse committed to a trek to secure justice.
We are right there with them and we will stay with them.
We know you will too.

“We did not come to this fight just to roll over after the first hurdle, nobody said it would be easy, but we have every intention of continuing this case to hold our state accountable by challenging this decision in the higher courts. The urgency of this moment and the gravity of this crisis make it very clear that if we as a state intend to protect the rights of our youth, and all those to come, then this ruling must be reversed.”
- Dallin, youth plaintiff

Hiking in the Rocky Mountains of Utah requires resilience and determination. Traversing the Wasatch Range demands patience and preparation and fortitude. And while the trek may be difficult, reaching the top is always worth it.

Last week, these seven young plaintiffs took their first steps up the trail to climate justice…and they are still going.

Join us today in supporting these young Utahns on their quest for climate justice in the Beehive State. Make a donation in the name of the seven youth plaintiffs here and sign an online wall of support to show these young climate leaders that you stand with them. Thank you, as always, for your support.

The journey to justice in Utah is only just beginning,

The Team at Our Children’s Trust

UPWARD TO CLIMATE JUSTICE IN UTAH - DONATE TODAY!

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