June 2, 2026: Ninth Circuit Court of Appeals DismissES the Case

The Ninth Circuit dismissed Lighthiser v. Trump without deciding whether the Executive Orders are constitutional or whether the youth plaintiffs are injured by the federal government's conduct. Instead, it held that the youth plaintiffs could not challenge the President's sweeping Executive Orders and their coordinated implementation in a single case. 

The court’s reasoning effectively forces youth plaintiffs to challenge the implementation of the President’s fossil fuel agenda agency action by agency action, even as the harms to their lives, health, and futures grow with each passing day. 

The court further concluded that stopping implementation of the Executive Orders would require excessive judicial supervision of federal energy policy. The youth plaintiffs, however, argued that they were not asking the court to manage energy policy, but rather to review Executive Orders to determine whether they are unconstitutional and within the President’s power, as courts routinely do in other contexts.  

The decision was issued as an unpublished opinion, meaning the court believes it should not be used as precedent. 

Read our press release here.