Ten youth from Utah filed a lawsuit against the Utah Division of Oil, Gas, and Mining, arguing fossil fuel development is violating their constitutional right to health and safety.
Ten young people from Utah are suing the state over the harms caused by fossil fuel development.
The youth plaintiffs — ages 13 to 22 — filed a lawsuit against the Utah Board of Oil, Gas, and Mining, the Division of Oil, Gas, and Mining and the division’s director on Monday.
They argue that new permits for fossil fuel development, including coal, oil and gas, “violate their constitutional rights to life, health, and safety,” according to a news release from Our Children’s Trust, a nonprofit law firm. The plaintiffs want the court to declare the permits unconstitutional, use its authority to review or revoke existing permits and make sure future permits account for public health risks.
“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,” said Natalie Roberts, one of the youth plaintiffs, in a statement. “We’re fighting for our lives and asking the court to protect us before it’s too late.”
The lawsuit builds on a previous case which many of the same youth brought forward in 2022. A district court dismissed the case later that year, but the Utah Supreme Court agreed to hear the young plaintiff’s appeal in 2023. Earlier this year, the Utah Supreme Court upheld the previous decision to dismiss the lawsuit but ordered the lower court to change its ruling to dismissal without prejudice, opening a door for the young people to sue again.
State officials did not immediately respond to a request for comment about the lawsuit.
That previous case targeted Utah’s broader energy policy, while this new lawsuit narrows in on fossil fuel permitting, according to the news release.
“The state cannot continue issuing fossil fuel permits that put children’s lives and health in jeopardy,” said Andrew Welle, lead attorney to the plaintiffs. “This case is about holding Utah accountable to its constitutional obligations to protect youth from serious harm caused by air pollution, climate impacts, and unsafe fossil fuel development.”
(Francisco Kjolseth | The Salt Lake Tribune) Big West Oil refinery in North Salt Lake is pictured on Jan. 6, 2023.
Poor air quality and “climate-related harms,” such as wildfires and extreme heat, have caused respiratory issues and mental health challenges for the young plaintiffs, according to the news release.
“Some days I can’t even go outside because the air is so polluted,” Roberts said. “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.”
Similar cases have been filed in other states. A Montana judge in 2023 sided with a group of teens who argued their state violated its constitutional commitment “to maintain and improve a clean and healthful environment” by prioritizing fossil fuel development.
The decision directed Montana state agencies and regulators to consider climate impacts when issuing permits for development. The Montana Supreme Court upheld that ruling late last year.
Source: Utah News