A Utah judge dismissed a lawsuit against the state filed on behalf of by a group of youths who asserted the state’s promotion of fossil fuel development violates their civil rights and poses a threat to their lives.
The seven young plaintiffs, ages 9 to 18, in Natalie R. v. State of Utah claimed they are uniquely threatened by climate change and air pollution due to pre-existing disabilities. They are represented by attorney Andrew Welle of Our Children’s Trust, a nonprofit law firm that frequently aids and encourages children to sue over the alleged threat of climate change. The organization represents youth plaintiffs in seven climate lawsuits filed against state governments, including Alaska, Florida, Hawaii, Montana, Virginia, Washington, and this one in Utah.
‘Unnecessarily Frightened Children’
In this case, Utah state Third Judicial District Judge Robert Faust ruled the youths have no explicitly stated constitutionally protected claims against the state for any supposed dangers policies allowing or encouraging fossil fuel development and use may create.
In addition, as courts in other states and in similar federal lawsuits have previously ruled, Faust found that the legislature, not the courts, was the appropriate branch of government to make climate and energy policy.
Neither the United States nor the Utah Constitution “addresses anything about fossil fuels or global climate change which would permit the court to grant a judicial remedy,” ruled Faust.
The court’s decision to dismiss the case was correct as a matter of law and policy, says Frank Lasee, president of Truth in Energy and Climate and a former Wisconsin state senator.
“The recent climate lawsuit dismissed in a Utah court, which was initiated by unnecessarily frightened children was the right decision,” said Lasee. “There are other lawsuits in other states that should also be dismissed.”
‘Deliberately Misinformed”
The plaintiffs in this case have been miseducated concerning climate change, Lasee says. Data, even from the U.N. Intergovernmental Panel on Climate Change (IPCC), does not reveal an impending or increasing danger to life on earth due to climate change.
“These kids and countless others have been deliberately misinformed about the climate change for political reasons,” Lasee said. “There is no increase in droughts or floods according to the U.N. IPCC, there are less hurricanes, less tornados, polar bear populations are growing, Antarctica hasn’t warmed in 70 years, the Arctic still has sea ice, sea levels have been rising at about the same rate, since we have good records starting about 1880.”
Additionally, there are great benefits to fossil fuel use ignored by the plaintiffs and their attorneys, Lasee says, mainly that human life has significantly improved over time in large part due to the use of fossil fuels.
“The other thing these children are never taught to think about is that oil, coal, and natural gas provide us with 80 percent of our energy and are critical for our food supply,” Lasee said. “People are living longer and eating better than ever before in history.
“These young people have no idea what would happen if their wish came true and governments banned the use of fossil fuels,” Lasee said. “It would be devastating for their lifestyles and ours.”
Linnea Lueken (llueken@heartland.org) is a research fellow with the Arthur B. Robinson Center on Climate and Environmental Policy at The Heartland Institute.