The Utah Supreme Court has rebuffed a youth-led climate lawsuit but has given young activists an opportunity to amend their complaint that the state is violating their constitutional rights by supporting the use of oil and gas.
In a unanimous ruling issued Thursday, the Beehive State’s highest court agreed with a November 2022 finding by Judge Robert Faust of the 3rd Judicial District Court in Salt Lake County that Utah’s Constitution prevents the courts from creating climate policy — but said he was wrong to dismiss the challenge with prejudice, which blocked the youth from revising their lawsuit against the state.
“There’s much to celebrate,” said Andrew Welle, an attorney for Our Children’s Trust, who represents the seven youth activists behind the lawsuit. “The decision opens a clear path forward for continuing our challenge to the state’s actions in promoting fossil fuel development.”
He said the Utah Supreme Court found that no state agency is required to authorize fossil fuel development at the expense of children’s health.
