Historic youth climate case dismissed by California judge

Los Angeles, California - A federal judge in California on Tuesday dismissed a historic climate lawsuit brought by 18 young plaintiffs, even as the Los Angeles area reels in the aftermath of deadly wildfires.

Youth plaintiffs stand outside the federal courthouse before a hearing in the Genesis v. Environmental Protection Agency lawsuit in Los Angeles, California, on April 29, 2024.
Youth plaintiffs stand outside the federal courthouse before a hearing in the Genesis v. Environmental Protection Agency lawsuit in Los Angeles, California, on April 29, 2024.  © IMAGO / ZUMA Press Wire

US District Judge Michael Fitzgerald ruled to dismiss Genesis B. v. United States Environmental Protection Agency, an equal protection lawsuit brought by Our Children's Trust on behalf of 18 young people ranging from ages 8 to 17.

Fitzgerald, a Barack Obama appointee, initially dismissed the case last May but allowed the plaintiffs' legal team to make amendments before rejecting it again this week.

The lawsuit contended the EPA has discriminated against the plaintiffs by allowing life-threatening levels of fossil fuel climate pollution, harming children’s health and welfare.

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The notion that children are particularly vulnerable to the effects of human-driven climate change – an argument backed by expert testimony – was brushed aside by Fitzgerald.

"These climate related harms will be experienced relatively equally by all people – both in the United States and around the world – who are alive at the time of their impacts," the judge wrote in his decision.

Julia Olson, chief legal counsel for the plaintiffs, said in a press release: "By dismissing this case, the court is turning a blind eye to the real-world harms youth are enduring right now. Wildfires are ravaging these children’s communities in California, but the court claims that their suffering is too 'indirect' to matter."

"This ruling is nothing short of judicial dereliction in the face of a climate emergency. The court refused to consider that the government’s devaluation of children isn’t just bad policy – it’s a violation of fundamental equal rights."

Youth plaintiffs respond to Genesis v. EPA dismissal

Youth plaintiffs in the Genesis v. Environmental Protection Agency lawsuit walk to the federal courthouse in Los Angeles for a hearing in their case on April 29, 2024.
Youth plaintiffs in the Genesis v. Environmental Protection Agency lawsuit walk to the federal courthouse in Los Angeles for a hearing in their case on April 29, 2024.  © IMAGO / ZUMA Press Wire

Despite the legal setback, the Genesis v. EPA plaintiffs are refusing to give up their fight for a just future.

"The court’s decision to dismiss this case before we could even present our evidence is a gut punch," said lead plaintiff Genesis B.

"We are living with the consequences of these policies every single day – wildfires, choking smoke, evacuation orders. And now, with the strongest storm of the year set to hit Southern California this week, our case is more urgent than ever," she continued.

"We wanted the chance to show the court the science, the economics, and the lived experiences that prove the government’s actions are harming us. Instead, we were denied that opportunity. He [Fitzgerald] just shut the door on us, made up his own facts, and never listened to the real experts. He never gave us the opportunity to testify."

The judge's decision came as Los Angeles struggles to recover from a series of deadly wildfires that have ravaged the area in recent weeks, killing at least 29 people and destroying more than 16,000 structures. A UCLA Anderson Forecast estimated property and capital losses to total between $95 billion and $164 billion.

Scientists have warned that extreme weather events, like the LA fires, are only expected to increase in frequency and severity as planet-warming emissions continue to rise.

"We are not backing down. This fight is about refusing to let our lives be discounted, and we won’t stand by as our future is treated as expendable," insisted plaintiff Maya W.

"We are fighting not just for ourselves, but for every young person who deserves a world where their lives, their health, and their future matter."

Cover photo: IMAGO / ZUMA Press Wire

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