Young Americans against the state: the climate and stolen future lawsuit

Several young Americans have declared, before a court in Missoula, Montana, that the administration of former President Donald Trump has violated their fundamental rights through policies favorable to oil and natural gas, AFP reports.

• Lawsuit filed by 22 young people against the federal government

The case brings together 22 plaintiffs, including minors, who are challenging in court the decrees signed by Donald Trump. These have facilitated the extraction of oil and natural gas, slowed the development of renewable energies and blocked the monitoring of the effects of climate change. The plaintiffs claim that their health and safety are affected by political decisions and are demanding recognition of the constitutional rights to life, liberty and a healthy environment.

• Defense: an "antidemocratic action"

The US federal government, supported by 19 conservative states, is requesting that the case be dismissed, AFP also reports. Attorney Michael Sawyer denounced an "undemocratic lawsuit,” accusing the young people of trying to challenge the election results that brought Trump to power. In the courtroom, the plaintiffs testified about their experiences: a teenager from Montana recounted how she evacuated her home due to wildfires, taking only a few stuffed animals with her and worrying about her family's pets. "It would be heartbreaking to see Montana burn,” she said.

• A growing battle in the courts

The plaintiffs' attorney, Julia Olson, raised the constitutional issue of the executive's abuse of power, but the defense rejected this argument, US media reports. "Does the United States Constitution protect against abuses of power that deprive children and youth of their inalienable rights to life and liberty?” she asked rhetorically. The legal battle is part of a broader wave of climate lawsuits, often initiated by young people. In 2023, a Montana judge ruled that ignoring climate impacts in oil and gas permits violates the right to a healthy environment. In 2024, activists in Hawaii won a deal to accelerate the decarbonization of transportation.

• Possible path to the Supreme Court

For now, the Montana hearing is simply about getting the case to go forward. Even though the judge in the case has a record of being pro-environment, experts warn that the case could end up in the U.S. Supreme Court, dominated by a conservative majority. "The Supreme Court is more inclined to take away rights than to grant them, unless you own a gun,” said Michael Gerrard, a professor of environmental law at Columbia University.

This isn't just a trial about the climate. It's a trial about who still has a right to the future.