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California Children Take Legal Action Against EPA for Climate Inaction

Eighteen California children are taking legal action against the Environmental Protection Agency (EPA), alleging a violation of their constitutional rights due to the agency’s failure to protect them from the impacts of climate change. Filed under the name Genesis B. v. United States Environmental Protection Agency, the federal lawsuit highlights the dire consequences of Climate change on the lives of these young plaintiffs.

The lead plaintiff, identified as Genesis B., is a 17-year-old resident of Long Beach, California, whose family cannot afford air conditioning. The lawsuit emphasizes the challenges she faces in staying cool at home, particularly during the increasing number of extreme heat days. Genesis often has to wait until the evening to complete schoolwork when temperatures are more manageable.

The remaining plaintiffs, aged eight to 17, share similar experiences of climate change impacting their daily lives. Instances of wildfires and flooding have damaged their surroundings, leading to evacuations and disrupted activities. The lawsuit underscores the urgent need for action, as climate-related crises directly affect these children’s well-being.

This lawsuit follows a recent victory by the non-profit, public interest law firm Our Children’s Trust in a similar case filed on behalf of children. A state judge in Montana ruled that the state had violated the right to a clean and healthful environment for 16 young plaintiffs. While the case is under appeal, it sets a precedent for holding authorities accountable for their environmental responsibilities.

The California federal case argues that the EPA has breached the children’s constitutional rights by permitting carbon dioxide emissions from burning fossil fuels to contribute to Climate change. The lawsuit points to the EPA’s 2009 acknowledgment that carbon dioxide poses a significant public health threat, with children being the most vulnerable demographic.

Julia Olson, chief legal counsel for Our Children’s Trust, emphasizes that the EPA, as the federal agency responsible for maintaining air quality and controlling Pollution, has failed in its duty concerning climate pollution. The lawsuit does not seek financial compensation but calls for declarations about the environmental rights of children and the EPA’s obligation to protect them.

The EPA, currently facing pending litigation, has refrained from commenting on the lawsuit.

Our Children’s Trust is actively involved in other climate-related legal actions, including the revived Juliana v. United States case against the entire government. Legal proceedings are also underway in Florida, Hawaii, Utah, and Virginia, reflecting a growing movement of legal challenges against government inaction on Climate change.