Salt Lake City — A group of Utah children don’t think the answer is no, as they challenge the dismissal of a lawsuit that claims the state’s use of fossil fuels violates their right to live.
A notice was filed Tuesday that they are appealing the case to the Utah Supreme Court.The six minors were between the ages of 9 and 17 when the lawsuit was filed in March 2022. was involved in the case through her guardian, and the woman, who was 18 at the time, now rules that the Supreme Court will address their case and allow it to proceed.
Third District Court Judge Robert Faust ruled that the case should be dismissed on November 9, 2022, days after the hearing, and was formally dismissed on December 2, 2022.
Faust’s ruling said the children “have legitimate concerns,” but the lawsuit’s arguments cannot move forward. It violated the separation of powers.
“The power to enact and repeal environmental laws is constitutionally vested in Utah’s political departments or directly with the people,” the ruling said.
Faust also decided that in order to continue the lawsuit, the young people had to prove that they were injured because of the problem they were challenging, and that the injuries could be dealt with by the procedures they demanded in the lawsuit. “A global solution would be required to address the alleged damages,” the ruling said, which would be unlikely without a plan.
Another reason Faust’s decision was overruled is that courts have not previously used the doctrine of “substantial due process” to protect fundamental rights to address climate change.
However, the children argued that this rule was wrong. Andrew Welle, an attorney for the plaintiffs of Our Children’s Trust, said in a statement that he is appealing the decision to correct the “erroneous ruling” and give young people the opportunity to bring their constitutional claims to court. Stated.
He said Utah violated the constitutional rights of young people by shortening their lifespans by allowing and promoting fossil fuels.
“Judge Faust ruled that the fundamental right of due process under the Utah Constitution can never apply when the damage to your life, liberty, or property involves fossil fuels,” Well said. “The Utah government is responsible for the enormous emissions that have damaged these children’s lungs, endangered their health and safety, and claimed their lives for years.”
State attorney Jeffrey Tiechert argued at layoff hearing that state constitution does not protect the right to a clean environment and claims should be made against companies that cause pollution, not the government. Did.
Well argued the state has the capacity to deal with the damage, and said his client lives in a state with the worst air quality in the country.
“The state continues to aggressively add fuel to the fire,” Well said.
The lawsuit was filed against Utah Governor Spencer Cox, the Oil, Gas and Mining Commission, the Department of Oil, Gas and Mining, and the Energy Development Agency.
Our Children’s Trust has been involved in similar lawsuits in the United States, Hawaii, Virginia and Montana. The Montana lawsuit is scheduled for trial in June.
