Lighthiser v. Trump Youth Urge the Ninth Circuit to Reinstate their Constitutional Climate and Right to Life Case
Lighthiser v. Trump youth plaintiffs in front of the Ninth Circuit Court of Appeals in Portland, OR, for their hearing on April 13, 2026. Photo by Robin Loznak.
April 28, 2026
By Emily Miller
On April 13, 2026, youth plaintiffs from across the country appeared before the Ninth Circuit Court of Appeals in Lighthiser v. Trump, which challenges President Trump’s pro-fossil fuel executive orders that “unleash” fossil fuels, block renewable energy development, suppress critical climate science, and exacerbate the climate crisis.
Over a hundred supporters gathered to cheer on the youth plaintiffs, holding signs and chanting as the youth entered the courthouse. Supporters packed the courthouse and tuned in to the hearing at a nearby watch party.
During the oral arguments, Co-Executive Director of Our Children’s Trust, Julia Olson, argued on behalf of the youth plaintiffs in front of the Ninth Circuit panel, including Obama-, Biden-, and Trump-appointed judges. She argued that the district court got it wrong when it assumed it lacked power to review the President’s Executive Orders (EO) for their constitutionality and dismissed the case, and asked the Court to reverse the lower court’s decision and allow their claims to proceed on the merits.
After a historic two-day evidentiary hearing last September, Montana District Judge Christensen “reluctantly” dismissed the case, despite finding that the youth “presented overwhelming evidence that the climate is changing at a staggering pace, and that this change stems from the rise in atmospheric carbon dioxide, caused by the production and burning of fossil fuels.” The Court said it is “troubled by the very real harms presented by climate change and the Challenged EOs’ effect on carbon dioxide emissions.”
During oral arguments, Julia Olson told the Ninth Circuit that this case goes to the heart of whether courts will do their constitutional job when a president acts beyond what the Constitution or laws passed by Congress allows. She argued that the district court wrongly treated the youth plaintiffs’ injuries as beyond judicial repair, even though they are asking for the kind of traditional relief courts grant every day: a court’s judgment that the Executive Orders are unlawful and an order stopping their implementation.
She emphasized that this case is not about asking the judiciary to solve the entire climate crisis, but about stopping three specific Executive Orders that unlawfully rewrite national energy laws toward more fossil fuels, more pollution, and greater harm to young people, when Congress had mandated the Executive branch to move the country toward renewables and EVs and reduce greenhouse gas pollution. And she made clear that when a president tries to override Congress and put children’s lives and health at greater risk, the courts have both the power and the responsibility to act.
“What we’re talking about is the right to life and liberty of these children. And some of them have suffered life-threatening harm because of pollution and heat.” Julia said. “And we’re not just talking about climate change. We’re talking about the direct air pollution that harms their lungs and their lives.”
Lighthiser v. Trump youth plaintiffs, attorneys and local supporters gather for a group photo after hearing press conference and rally on April 13, 2026. Photo by Robin Loznak.
After oral arguments, supporters gathered in Director Park to hear from the youth and attorneys. All emphasized the importance of this case and that children’s rights to life and liberty are upheld. Youth plaintiff, Olivia V., led the crowd in chants before they gathered for a group photo.
What’s Next?
The three-judge Ninth Circuit panel is expected to make a decision within the next few months. If the Ninth Circuit rules in the youth plaintiffs’ favor, then the case will return to the District Court to proceed on the merits.
Supporting the Youth
As Olivia said, we couldn’t walk into the courtroom without you.
Whether you’re showing up in person, following along online, or donating to ensure youth can pursue their constitutional rights, you are vital to this work.
You can continue to support the youth by subscribing to our mailing list, following us on social media, and donating to continue lifting up these courageous youth.
Watch a video about the hearing here.