We previously wrote about a group of youth plaintiffs suing the US government over recent changes in federal energy policy. Their lawsuit challenging three executive orders promulgated earlier this year has been dismissed. The Montana court ruled that the relief sought by Plaintiffs exceeded the Article III powers of the courts. A recent ArentFox memo provides details:
“While the court accepted that the plaintiffs demonstrated both injury and causation, it nevertheless concluded that the requested relief exceeds judicial power because it would require indefinite monitoring of the executive branch. The opinion underscores that courts cannot ‘wind back the clock’ on an Administration’s energy policy or police compliance across scores of agencies without clear and manageable standards.”
The lawsuit’s core facts and arguments were based on the previous successful Montana youth climate suit. However, unlike the previous suit, this case made federal law claims against a federal agency. State constitutions often include additional rights that plaintiffs can use to build their cases. While these state cases have seen success in Montana and Hawaii, federal climate claims have floundered.
This likely won’t be the last legal challenge to federal energy policy. The suit may have been dismissed, but climate plaintiffs will continue to adapt their arguments and try new strategies. The big takeaway from this case is that requests for relief must be narrowly tailored and not require courts to monitor the executive in perpetuity.
Our members can learn more about climate litigation here.
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