alaska

sagoonick v. state of alaska II

8 Young Alaskans File a New Climate Lawsuit to Stop the Alaska LNG Project and Protect Their Constitutional Rights!  

On May 22, 2024, 8 young people from across the state of Alaska, ranging in age from 11 to 22, filed their constitutional climate lawsuit, Sagoonick v. State of Alaska II. They’re asserting their due process and public trust doctrine rights under Alaska’s constitution to stop the Alaska LNG Project, a massive fossil fuel megaproject that would roughly triple Alaska greenhouse gas emissions for decades to come.   

Defendants in the case include the State of Alaska, the Alaska Gasline Development Corporation (AGDC), and AGDC president Frank Richards. 

Youth plaintiffs are being represented by Our Children’s Trust attorneys Andrew L. Welle and Joanna Zeigler, and Brad De Noble of De Noble Law Offices LLC. 

Our Children’s Trust has been supporting young people in Alaska since 2011. Learn more about the previous youth-led case, Sagoonick v. State of Alaska. 

THE YOUTH PLAINTIFFS’ CLAIMS:

The eight youth plaintiffs, many of whom are Alaska Natives, are on the frontlines of the climate crisis and already experiencing serious harms to their health, safety, and access to natural resources they depend on, including for subsistence and cultural traditions. Much of Alaska is warming four times faster than the global average, causing massive wildlife population declines, melting sea ice, permafrost, and glaciers, altering precipitation patterns, increasing severe storms, and leading to more intense wildfires and ocean acidification. The youth plaintiffs are already experiencing flooding, land subsidence, and accelerating erosion that threatens their homes and communities, increasing smoke from wildfires, food and water insecurity, and other profound harms from the climate crisis.  

At a time when the scientific consensus is that GHG emissions must be rapidly reduced to avert catastrophic harm to youth and future generations, the Alaska LNG Project would roughly triple Alaska’s greenhouse gas (GHG) emissions for decades, increasing climate harms to Alaska’s youth.  

In their case, the youth are challenging the law that requires AGDC, a state-created corporation, to advance and develop the Alaska LNG project. The youth claim the state’s policy and actions that support the project violate their rights under Alaska’s Constitution, including their right to a climate system that sustains human life, and their rights to equal access and sustained yields of the public trust resources their lives, health, and cultural traditions depend on. 

Alaska’s constitution does not allow the state government to prioritize fossil fuels above the health, safety, cultures, and future of Alaska’s youth.    

What the Youth Plaintiffs Are Asking For: 

The youth are seeking a judgement from Alaska’s courts declaring that the law requiring the State to advance and develop the Alaska LNG Project violates their public trust and substantive due process rights, including their right to a climate system that sustains human life, under Article VIII and Article 1, section 7 of Alaska’s Constitution. The youth are also asking for an order prohibiting the State from moving forward with the project. 

The Alaska LNG Project: 

The Alaska LNG Project is designed to unleash immense quantities of natural gas located on Alaska’s North Slope and consists of a gas treatment plant, an 800-mile pipeline to transport the gas from the north slope to the Southcentral Alaska coast, and a liquified natural gas plant to liquify the natural gas for export. The Project would carry up to 3.9 billion cubic feet of natural gas per day and is intended to operate for at least 30 years.  

CURRENT STATUS:

On June 11, 2025, attorneys for the youth plaintiffs filed opening arguments with the Alaska Supreme Court, appealing the dismissal of their constitutional climate lawsuit. On the same day, a group of Alaska legislators and the League of Women Voters of Alaska filed an amicus curiae (“friend of the court”) brief with the Alaska Supreme Court in support of the case proceeding to trial.   

The youth plaintiffs are now waiting for the defendants to submit their response brief with the Alaska Supreme Court, after which the youth will file a reply brief. Once briefing is completed, the Court will schedule a hearing on the appeal, after which the youth will await a decision on the appeal. 

major moments timeline

The following is a timeline of major moments, filings, and rulings in Sagoonick v. State of Alaska II from 2024 to today:

Monday, March 11

May 22, 2024: Case Filed!     

Sagoonick v. State of Alaska II was filed by 8 Alaska youth at the Superior Court for the State of Alaska, Third Judicial District at Anchorage.  

Monday, March 11

July 8, 2024: Defendants file Motion to Dismiss   

The defendants filed a motion to dismiss the case.  

Wednesday, July 31

July 24, 2024: Youth File Response  

The youth plaintiffs filed their opposition to the state's motion to dismiss, urging the court to deny the motion and allow the case to proceed to trial. The plaintiffs' brief underscores the profound harms Alaska’s youth are already experiencing due to climate pollution from fossil fuel development and illustrates that the Alaska LNG Project, which would significantly escalate climate pollution for decades, would cause them further, additional, and mounting harms. The youth’s brief highlights that in two previous youth-led constitutional climate cases led by Our Children’s Trust, Kanuk v. State, Department of Natural Resources and Sagoonick v. State I, the Alaska Supreme Court instructed that a challenge to a specific project, like the Alaska LNG Project, would allow Alaska’s courts to decide the rights of Alaska’s youth under the State Constitution.  

Wednesday, July 31

July 30, 2024: Defendants File Reply Brief

The defendants filed a reply brief in support of their motion to dismiss.  

Monday, August 12

October 15, 2024: Parties Appear in Court for Hearing on Defendants’ Motion to Dismiss     

The parties appeared before Judge Dani R. Crosby of the Superior Court of Alaska. Andrew Welle, lead attorney to the plaintiffs, argued that the youth plaintiffs are currently facing a health emergency due to devastating impacts such as flooding, wildfires, and declining salmon populations because of existing levels of climate pollution. “With full knowledge of these dangers, their government has codified a law requiring the State to develop the Alaska LNG Project, which would triple Alaska’s climate pollution for decades, locking in additional escalating and irreversible harms to the youth” he stated. This lawsuit seeks to vindicate their rights under Alaska’s Constitution to equal access to and sustainable yield of public trust resources and a climate that sustains life, liberty, and dignity. The youth seek to stop the Alaska LNG Project and prevent the harms it would cause them.  

Wednesday, October 16

March 11, 2025: Judge Grants Defendants’ Motion to Dismiss   

On March 11, 2025, Judge Dani R. Crosby of the Superior Court of Alaska granted the State’s motion to dismiss the case, stating that the state’s policy to advance the Alaska Liquified Natural Gas (LNG) Project is beyond judicial review. 

Andrew Welle, lead attorney for the plaintiffs, responded to the ruling, saying, “Today’s ruling is a clear miscarriage of justice with enormous implications. Alaska’s Constitution expressly guarantees equal access to and sustainable yield of the critical natural resources Alaska’s youth need to sustain their lives, health, and cultures. Today’s decision eviscerates these protections by placing not only the Alaska LNG Project but all natural resource management decisions beyond review by Alaska’s Courts, upending decades of precedent.” 

Tuesday, March 11

April 1, 2025: Youth Plaintiffs Appeal to Alaska Supreme Court    

In response to the court granting the state’s motion to dismiss, the youth plaintiffs filed an appeal to the state’s highest court, asking for a fair opportunity to be heard and present their case.  

Friday, April 4

April 2, 2025: Youth Plaintiffs File Motion for Preliminary Injunction to Alaska Supreme Court   

The youth plaintiffs filed a motion for preliminary injunction at the Alaska Supreme Court to stop the transfer of the Alaska LNG Project to a private developer until their claims have been heard in court. 

On March 27, 2025, the Alaska Gasline Development Corporation (AGDC) quietly rushed a transfer of majority ownership of the Alaska LNG Project to the private development company Glenfarne Group in a closed-door, executive session. The meeting took place with less than 24-hours' notice to the public and no notice to the Sagoonick II youth Plaintiffs. After the meeting, AGDC issued a press release confirming it had just entered “definitive agreements for Glenfarne to become majority owner of the Alaska LNG Project” and “lead its development to construction and operations of the entire project.” AGDC has stated that the terms of the agreements will not be released to the public. According to AGDC, the Alaska LNG Project is fully permitted and can move into construction quickly. 

Tuesday, April 8

April 9, 2025: Defendants Respond to Motion for Preliminary Injunction    

The State filed its response to the youth plaintiffs’ motion. The State did not contest any of the evidence supporting the youth’s request to pause the Alaska LNG Project transfer or their legal arguments that the project violates their rights under Alaska’s Constitution.  

Monday, May 5

May 1, 2025: Alaska Supreme Court Denies Youth Plaintiffs’ Motion  

In a brief order without any explanation of its reasoning, the Alaska Supreme Court denied the youth plaintiffs’ request to stop the transfer while their constitutional appeal goes forward.  

Monday, May 5

June 11, 2025: Youth Plaintiffs File Opening Brief in Their Appeal, Asking the Alaska Supreme Court to Put Their Case Back on Track for Trial   

Attorneys for the youth plaintiffs filed opening arguments with the Alaska Supreme Court, appealing the Anchorage Superior Court’s dismissal of their constitutional climate lawsuit. In their appeal, the Youth argue that the lower court's ruling undermines the courts’ constitutional role and immunizes harmful government actions that threaten their future from constitutional challenge. 

A group of Alaska legislators, joined by the League of Women Voters of Alaska, also filed an amicus curiae (“friend of the court”) brief in support of the youth’s right to be heard in court, emphasizing that Alaska’s Constitution requires courts to hear and resolve claims challenging the constitutionality of laws passed by the state’s political branches. 

Thursday, June 12

TODAY: Awaiting Decision 

After the State submits its brief on appeal to the Alaska Supreme Court, the youth will file a reply brief. Once the briefing is complete, the Court will schedule an oral argument on the appeal. Following oral arguments, the youth will await a decision on their appeal, which will determine whether they will have an opportunity to present their evidence at trial.   

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