SALT LAKE CITY — Seven youths have gone to the Utah Supreme Court with their civil suit that accuses the state of unconstitutionally maximizing fossil fuels development that harms residents’ health and safety.

The group of juveniles and young adults, represented by the Oregon-based Our Children’s Trust nonprofit, asserts that oil and gas developments empowered by the state government are “actively causing Utah’s hazardous air quality and dangerous climate crisis impacts like drought, fire and deadly heat waves.”

The youths have a fundamental due process right under the Utah Constitution for protection from the pollutants, the groups’ attorneys contend. “The state of Utah cannot substantially reduce the lifespan of Utah’s children without violating their constitutional right to life,” the youths’ attorney, Andrew Welle of Our Children’s Trust, said in a prepared statement.

Third District Judge Robert Faust dismissed the suit after a November hearing, but the youth plaintiffs filed an appeal notice on Tuesday with the Utah Supreme Court. “Through the permitting and promotion of fossil fuels, Utah’s government is responsible for vast quantities of emissions that are damaging these children’s lungs, endangering their health and safety and taking years off of their lives,” Welle said.

At the November hearing, attorney Jeffrey Teichert, representing the state Board of Oil, Gas and Mining and numerous other state government defendants, urged Faust to dismiss the suit. “The Utah Constitution does not guarantee a clean environment,” Teichert said. He said claims such as those lodged by the students “should be brought against polluters,” not the state.

Faust said in his ruling that while the children “have a valid concern,” the political question doctrine prevents the court from creating climate change and fossil fuels policy. Those matters are the responsibility of the executive and legislative branches, he said, citing several cases with similar outcomes in other states.

Neither the Utah nor U.S. constitution “addresses anything about fossil fuels or global climate change which would permit the court to grant a judicial remedy,” Faust wrote.

The youth plaintiffs contend that the state government has long known of the dangers of fossil fuels, yet continues to promote development that worsens air pollution and the climate crisis.

Our Children’s Trust has represented youth groups in similar climate litigation in Montana, Virginia and Hawaii and at the federal level.

The Supreme Court has not yet scheduled arguments in the appeal.

Newsletter