Utah youth file climate lawsuit in bid to block state fossil fuel permits

Salt Lake City, Utah - Utah youth are suing to block state permits for coal, oil, and gas development, which they say threaten their fundamental rights to life, health, and safety.

Youth plaintiffs in the Natalie R. v. State of Utah case wait outside before their hearing in the Utah Supreme Court in Salt Lake City on September 4, 2024.  © IMAGO / ZUMA Press Wire

Our Children's Trust filed the lawsuit on behalf of 10 youth plaintiffs, who say the fossil fuel permitting in question "takes years off of their lives."

The plaintiffs are suing the Utah Board of Oil, Gas, and Mining as well as the Division of Oil, Gas, and Mining and its director, Mick Thomas.

"Plaintiffs bring this action to protect their fundamental rights to life, health, and safety that defendants are violating by permitting fossil fuel development, when doing so is harmful, unnecessary, and more expensive than clean, renewable forms of energy," the complaint reads.

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"Due to localized air and climate pollution caused by defendants’ permitting activities, plaintiffs live in some of the worst air quality of any state in the nation and face climate disruptions, including elevated temperatures and deadly heatwaves, frequent and severe wildfires and smoke, exceptional drought, exacerbated medical conditions, and increased health risks."

The action comes after the Utah Supreme Court in March dismissed a similar youth-led climate lawsuit targeting the state's broader energy policy.

The court said it did not have subject matter jurisdiction because the challenges were "not tied to any specific state action."

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Youth plaintiffs "fighting for our lives"

The American Lung Association's State of the Air report, released in April, gave the Salt Lake City metro area an F grade for ground-level ozone (aka smog) and particle (aka soot) pollution.

"Some days I can't even go outside because the air is so polluted. I get headaches, feel dizzy when it's too hot, and sometimes I can't even see down my own street because of smoke from wildfires," plaintiff Natalie Roberts said in a statement.

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"I worry every day about my health, my future, and what kind of world I'll live in if the state keeps approving these fossil fuel permits. We're fighting for our lives and asking the court to protect us before it's too late."

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