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held v. state of montana
Youth Sue Over Trump Executive Orders That 'Escalate' Climate Crisis
"He's waging war on us with fossil fuels as his weapon, and we're fighting back with the Constitution," said one of the 22 plaintiffs.
May 29, 2025
Nearly two dozen American children and young adults sued U.S. President Donald Trump, leaders in his administration, and various agencies in federal court on Thursday over a trio of executive orders they argue "escalate" the climate emergency that imperils their futures.
Lighthiser v. Trump, filed in the U.S. District Court for the District of Montana, challenges executive orders (EOs) 14156, 14154, and 14261—which, respectively, declared a "national energy emergency," directed agencies to "unleash" American energy by accelerating fossil fuel development, and called for boosting the country's coal industry.
"Trump's fossil fuel orders are a death sentence for my generation," said named plaintiff Eva Lighthiser in a statement. "I'm not suing because I want to—I'm suing because I have to. My health, my future, and my right to speak the truth are all on the line. He's waging war on us with fossil fuels as his weapon, and we're fighting back with the Constitution."
Specifically, the complaint argues that "the EOs violate the Fifth Amendment substantive due process clause on their face by depriving plaintiffs of their fundamental rights to life and liberty." The filing also states that the orders are ultra vires—meaning they go beyond Trump's presidential authority "in assuming powers reserved to and exercised by Congress through Article I" of the U.S. Constitution.
"From day one of the current administration, President Trump has issued directives to increase fossil fuel use and production, and block an energy transition to wind, solar, battery storage, energy efficiency, and electric vehicles," the complaint reads. "President Trump's EOs falsely claim an energy emergency, while the true emergency is that fossil fuel pollution is destroying the foundation of plaintiffs' lives."
"These unconstitutional directives have the immediate effect of (a) slowing the buildout of U.S. energy infrastructure that eliminates planet-heating fossil fuel greenhouse gas pollution... and (b) increasing the use of fossil fuels that pollute the air, water, lands, and climate on which plaintiffs' lives depend," the filing stresses.
🚨 Youth from Montana and four other states are suing the Trump administration for violating their constitutional rights with executive orders that fast-track fossil fuel projects, worsen the climate crisis, and suppress climate science. PR: bit.ly/youthsuetrump-pr #YouthvGov
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— Our Children’s Trust (@youthvgov.bsky.social) May 29, 2025 at 10:11 AM
The youth are asking the district court to declare Trump's EOs and related executive actions "unlawful, unconstitutional, ultra vires, and invalid," and to issue a permanent injunction blocking the long list of defendants from implementing or enforcing them.
Lighthiser is a 19-year-old from Livingston, Montana. She and 24-year-old Rikki Held are among 10 of 22 plaintiffs in this case who were also part of Held v. State of Montana, in which a judge in 2023 agreed with young residents who argued that Montana violated their state constitutional rights by promoting fossil fuel extraction. The Montana Supreme Court upheld that decision last December.
Both groups of young plaintiffs are represented by Our Children's Trust, known for several youth climate lawsuits, including Juliana v. United States, the landmark constitutional case that the U.S. Supreme Court ended in March.
Lead attorney Julia Olson of Our Children's Trust said Thursday that "these executive orders are an overt abuse of power. The president is knowingly putting young people's lives in danger to serve fossil fuel interests, while silencing scientists and defying laws passed by Congress."
"These young plaintiffs refuse to be collateral damage in a fossil fuel war on their future," Olson continued. "They are demanding accountability where it still matters—in a court of law. The executive branch is not above the Constitution, and these young people are here to prove it."
For Lighthiser v. Trump, Our Children's Trust has partnered with Gregory Law Group, McGarvey Law, and Public Justice.
"The government's actions irreparably harm our nation's most important asset: our children," said Dan Snyder, director of the Environmental Enforcement Project for Public Justice. "The science is irrefutable that humans and their pollution are causing climate change, and that a changing climate will result in a growing list of injuries that are uniquely felt by America's youngest population."
"Our children enjoy the same constitutional rights to life and liberty as adults, yet have been tasked with shouldering the impact of a destabilized climate system without ever having a say in the matter," he added. "President Trump's executive orders are unlawful and intolerable, and these youth plaintiffs shall put an end to it."
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Juliana v. US: Supreme Court Decision Brings 10-Year Climate Case to an End
While the decision was disappointing for those involved with the case, they highlighted that "Juliana sparked a global youth-led movement for climate rights that continues to grow."
Mar 24, 2025
Although young plaintiffs and their supporters were disappointed by the U.S. Supreme Court effectively ending their constitutional climate lawsuit on Monday, they also emphasized the positive and far-reaching impacts of Juliana v. United States over the past decade.
First filed by 21 youth plaintiffs in 2015, Juliana aimed to hold the federal government accountable for its contributions to the fossil fuel-driven climate emergency. Over the years, the effort garnered support from more than 100 members of Congress, over 400 groups, and hundreds of thousands of people worldwide. In September, plaintiffs asked the justices to reverse an appellate court's dismissal of the case—but the country's highest court on Monday denied a petition for certiorari.
"The Supreme Court's decision today is not the end of the road and the impact of Juliana cannot be measured by the finality of this case alone," Julia Olson, chief legal counsel of Our Children's Trust, which represented the plaintiffs, said in a statement. "Juliana sparked a global youth-led movement for climate rights that continues to grow. It has empowered young people to demand their constitutional right to a safe climate and future."
"For almost 10 years, we've stood up for the rights of present and future generations, demanding a world where we can not only survive, but thrive."
Juliana plaintiff Miko Vergun—who was born in the Marshall Islands, a country in the Pacific on the frontlines of the climate crisis—similarly said that "ultimately, we didn't get the decision we wanted today, but we've had many wins along the way."
"For almost 10 years, we've stood up for the rights of present and future generations, demanding a world where we can not only survive, but thrive," she said. "We've faced extreme resistance by the federal government, yet we've never wavered in our resolve. All great movements have faced obstacles, but what sets them apart is the perseverance of the people behind them. We've shown the world that young people will not be ignored, and I'm incredibly proud of the impact Juliana v. United States has made."
For example, in August 2023, Montana District Court Judge Kathy Seeley sided with young plaintiffs in Held v. State of Montana, finding that the state's environmental policy law violates the Montana Constitution, which guarantees residents a "clean and healthful environment." The state Supreme Court upheld that decision in December.
"Juliana, through the unwavering dedication of its plaintiffs and legal team, has left an indelible mark on the landscape of climate litigation, paving the way for lawsuits like Held v. State of Montana," Rikki Held, lead plaintiff in that case, said Monday. "I am inspired by the courage and determination of the young people who have led this case, and I hope their legacy continues to motivate others to hold our governments and leaders accountable for the actions that worsen the climate crisis, impacting our homes, our lives, and our futures."
Our Children's Trust represented plaintiffs in Held—the first youth-led constitutional climate lawsuit in U.S. history to go to trial and win—as well as Navahine v. Hawaii Department of Transportation, which wrapped up with a settlement last year.
"Last June, my lawsuit—Navahine v. Hawaii Department of Transportation—achieved the first settlement in a constitutional climate case, securing the systemic decarbonization of a state transportation system. This historic moment would not have been possible without the blueprint laid by the Juliana youth plaintiffs," plaintiff Mesina D. said Monday.
"They took on the most powerful government in the world, and their resilience and perseverance showed us that it's possible to stand up for what's right and demand justice, even in the face of overwhelming odds," she continued. "Thanks to these 21 Americans, young people everywhere now know they can raise their voices and demand the protection of their constitutional rights to life and liberty."
Looking ahead, Olson said that "we've already secured important victories, and we will continue pushing forward. This fight is far from over. These claims will be heard, evidence will be presented, and the federal government will be held accountable. The Juliana plaintiffs started this fight for justice, and others will carry it forward."
"This is a call to all young people who want to stand up to those in the executive office of the president who would silence you and threaten your health and safety—join us in protecting your constitutional rights," she continued, nodding to Republican President Donald Trump's support for fossil fuels and the industry's assault on the global climate.
"Juliana has ignited a movement and created a powerful legal framework for future generations to assert their constitutional rights in the face of the climate crisis," she concluded. "Our Children's Trust remains committed to working with young people to hold their government accountable and we will see the federal government back in federal court very soon."
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A Trio of Small Christmas Gifts to Stave Off Climate Despair
From solar-powered data centers and balconies to a landmark legal victory, I hope these help set the holiday mood just a little.
Dec 24, 2024
One of my jobs in the tiny Vermont town where I live is to lead the Christmas Eve service at the little white church alongside the river. I’m not actually a preacher, and it’s not particularly denominational—my wife and my daughter, who are Jewish, are usually on hand to belt out carols and there’s occasionally a reading from Dr. Seuss. But the neighbors stand at the pulpit one by one to recite the Scriptures that tell the story of this remarkable baby, and then I do my best in a short homily to pick out some points of light. A little harder this year than most, but perhaps more important because of that. The goal is to make sure the community holds, now more than ever.
And I suppose that in some way the community we’ve built around this newsletter is a congregation of sorts, with me again in the role of shambling, ill-trained preacher. So I’ve poked around in the news to bring you a trio of small gifts—ambiguous, by no means definitive, but nonetheless things to build on.
The first comes, somewhat remarkably, from Silicon Valley.
As you almost certainly know, the rapid growth of AI is causing despair among some energy experts. The giant data centers that “train” these various models to do what they do (help lazy students write banal termpapers, say) soak up huge amounts of electricity, and in the last year or two the fossil fuel industry has seized on that as avidly as they seized on Russia’s invasion of Ukraine—anything to make the case for extending their business model a little longer. Arielle Samuelson, writing at Emily Atkin’s pathbreaking newsletter Heated, offers a really powerful account of what’s gone on:
The growth of AI has been called the “savior” of the gas industry. In Virginia alone, the data center capital of the world, a new state report found that AI demand could add a new 1.5 gigawatt gas plant every two years for 15 consecutive years.
And now, as energy demand for AI rises, oil corporations are planning to build gas plants that specifically serve data centers. Last week, Exxon announced that it is building a large gas plant that will directly supply power to data centers within the next five years. The company claims the gas plant will use technology that captures polluting emissions—despite the fact that the technology has never been used at a commercial scale before.
Chevron also announced that the company is preparing to sell gas to an undisclosed number of data centers. “We're doing some work right now with a number of different people that's not quite ready for prime time, looking at possible solutions to build large-scale power generation,” said CEO Mike Wirth at an Atlantic Council event. The opportunity to sell power to data centers is so promising that even private equity firms are investing billions in building energy infrastructure.
So, ugh. Except that it’s important to remember that Big Oil is an industry that lies a lot, and some of those commitments may not be quite as firm as they’re saying. In fact, a new report—this is the first Christmas present—from a team of Silicon Valley types came out last week, making the case that if these data centers are actually going to get built anytime soon, the best bet by far is for Google et al to put up solar farms next door. Building new gas plants, as they point out, takes a number of years—really, anything that requires a new connection to the grid goes slowly. But if you have a “co-located microgrid”—i.e., a dedicated solar farm right next to your mysterious warehouse of servers—that can be put up in a relative trice.
Estimated time to operation for a large off-grid solar microgrid could be around two years (1-2 years for site acquisition and permitting plus 1-2 years for site buildout), though there’s no obvious reason why this couldn’t be done faster by very motivated and competent builders.
The only one of the authors I knew before this was Zeke Hausfather, a climate scientist employed by the payment company Stripe, but the others come from reputable places (Paces, which expedites renewable development, and Scale Microgrids) and they thank a passel of collaborators at places like Tesla and Anthropic. And their research seems impeccable—they work through the costs and the reliability of renewables paired with batteries, and they return again and again to the speed with which these new facilities could be built.
One thing they don’t stress, but which I think could be politically important, is that all of these big AI players have promised in recent years that they would zero out their emissions. And though no one in the White House will hold them to that, most of these companies are in places like Washington and California filled with environmentally committed workers and investors; we should be able to organize some pressure on them to do the right thing. It’s not the perfect thing. In a rational world we’d postpone the glories of AI long enough to power up all the heat pumps and cars from renewable electricity first. But if they get expertise building solar farms for their data centers, the experience may turn these behemoths into better crusaders for clean energy. One can hope, anyway. Here’s the final bottom line from the report:
Off-grid solar microgrids offer a fast path to power AI datacenters at enormous scale. The tech is mature, the suitable parcels of land in the U.S. Southwest are known, and this solution is likely faster than most, if not all, alternatives… The advantages to whoever moves on this quickly could be substantial.
And then there’s the second present I promised, which was delivered Wednesday afternoon by the Montana Supreme Court. It upheld, on a 6-1 vote, a lower court ruling that the state’s children have a “fundamental constitutional right to a clean and healthful environment,” and that that includes carefully analyzing state energy policies to keep them from damaging the climate.
This ruling is under the state constitution, which was amended shortly after Earth Day in 1970 to include environmental protections. (America’s Western states have not always been bright red). The landmark ruling comes almost a year and a half after a remarkable trial, which featured a mix of young Montanans explaining how climate change was damaging their lives (breathing wildfire smoke, for one) and nationally renowned climate experts who volunteered their time to make a compelling case. The state all but punted its response, not even putting its lead climate-denier on the stand after paying her large sums of money to prepare testimony, and the district court issued a powerful finding that’s now been upheld.
This doesn’t necessarily have national implications—shamefully, the Biden DOJ has buried the federal equivalent, Juliana v. U.S., under a blizzard of writs, picking up where the Trump administration left off. And it probably won’t immediately change Montana’s current commitment to using more gas. But it is a clear moral victory that will cast a long shadow. As Cornell legal scholar Leehi Yona said this morning, “This is a historic case and one that could serve as a model for state-level lawsuits, particularly as an alternative to federal courts (such as the U.S. Supreme Court, which currently seems unreceptive to climate cases).”
Mostly, I’m happy for the kids involved. I got to interview a couple of them on stage this fall at a gathering sponsored by Protect Our Winters. They were eloquent and moving, and I hope very much that this ruling strengthens their commitment to fight. The Trump era will end someday, and we’ll need a new wave of smart and moral people to carry on the crucial fights—these are them!
And the third? Attentive readers will remember how happy I was earlier this year at news that half a million Germans had taken advantage of a new law to hang solar panels from the balconies of their apartments. Well, according to a new report in The Guardian, by year’s end that number has swelled to a million and a half Germans, and now it’s taking off in Spain and elsewhere.
Manufacturers say that installing a couple of 300-watt panels will give a saving of up to 30% on a typical household’s electricity bill. With an outlay of €400-800 and with no installation cost, the panels could pay for themselves within six years.
In Spain, where two thirds of the population live in apartments and installing panels on the roof requires the consent of a majority of the building’s residents, this DIY technology has obvious advantages.
With solar balconies, no such consent is required unless the facade is listed as of historic interest or there is a specific prohibition from the residents’ association or the local authority. Furthermore, as long as the installation does not exceed 800 watts it doesn’t require certification, which can cost from €100 to €400, depending on the area.
“The beauty of the solar balconies is they are flexible, cheap, and plug straight into the domestic network via a converter, so you don’t have to pay for the installation,” says Santiago Vernetta, CEO of Tornasol Energy, one of Spain’s main suppliers.
Putting up one of these would be illegal almost everywhere in America—but that’s something to work on next year. Why should Europeans have all the fun? Belgium has just ended its ban. As one official explained: “If 1.5 million Germans have bought solar balcony kits there must be something in it,” he says.
I wish I had yet more such gifts to offer (I’m keeping a close eye on Albany, where Gov. Kathy Hochul may still sign the crucial Climate Superfund bill before year’s end, and if that happens I’ll let you know). But I hope these help set the holiday mood just a little. I can tell you that it’s snowing this afternoon up here on the spine of the Greens. And since I’m typing up the program for the Christmas Eve service this afternoon, I can tell you how it ends: with everyone in town walking through the church doors and into the (hopefully crisp) night air singing “Go Tell It on the Mountain.”
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