A group of young activists who are seeking to revive their climate lawsuit against EPA argue in a new brief that a Supreme Court decision giving fuel producers the right to challenge California vehicle emissions standards bolsters their request to be heard in court.
The 18 plaintiffs in Genesis B. v. EPA filed their opening brief with the 9th U.S. Circuit Court of Appeals last week, asking it to reverse a previous court decision that determined the youth did not have standing to bring the case.
The brief argued that Judge Michael Fitzgerald of the U.S. District Court for the Central District of California erred in closing the courthouse doors to the youth. It pointed to two recent Supreme Court rulings that make it “undeniable” that the district court has the authority to hear their case. It also argues that if the youth win, a court has the power to “redress their unequal treatment and ensuing constitutional injuries.”
The youth have argued that EPA discriminates against children by placing less value on the future benefits of pollution regulations. Fitzgerald, who first dismissed the case in May 2024 but gave the challengers time to revise the lawsuit, wrote that the challengers failed to show how a finding that the government violated their rights would remedy their alleged injuries.
