Looking back on our 2022
As we look forward to 2023 - which we anticipate will be the biggest year yet for climate justice in our courts - we wanted to take the opportunity to reflect back on the many things we achieved, with your support, in 2022.
Here are some 2022 highlights in our fight to protect the rights of children and young people to a safe climate:
january 2022
January 5: Florida Youth Filed Petition for Rulemaking for 100% Renewable Energy
On behalf of four former youth plaintiffs in Reynolds v. State of Florida, and signed by over 200 young Floridians, we drafted a petition for rulemaking that was filed with the Florida Department of Agriculture and Consumer Services (FDACS) asking it to establish a goal to generate 100% of Florida’s electricity from renewable energy by 2050.
January 28: Alaska Supreme Court Ruled on Sagoonick v. State of Alaska
In a split 3-2 decision, the Alaska Supreme Court denied 16 young Alaskans, including Alaska Natives, their right to bring their constitutional case challenging the state’s policy of promoting fossil fuels. Critically, two active justices - Justices Maassen and Carney - wrote in favor of the youths’ claims in a powerful dissent holding that the youth should be able to protect their rights to a climate system that sustains life under the Alaska Constitution. That two Supreme Court Justices in Alaska ruled in favor of the youth is an important indication of our forward progress among jurists.
february 2022
February 7: FDACS Granted Youth-Led Petition for Rulemaking in Florida
Commissioner Nikki Fried and FDACS granted the youth-led petition for rulemaking that called on FDACS to enact a rule setting a goal of generating 100% of Florida’s electricity from renewable energy by 2050.
February 7: Alaska Youth Filed Petition for Rehearing
Youth plaintiffs in Sagoonick v. State of Alaska filed a petition for rehearing to the Alaska Supreme Court. On February 25th, the Alaska Supreme Court ruled to deny this petition. The young plaintiffs are now working with their attorneys to identify next steps to hold their state government legally accountable for its affirmative actions causing and worsening the climate crisis in Alaska.
February 9: New Youth-Led Constitutional Climate Case Filed: Layla H. v. Commonwealth of Virginia
On behalf of 13 young Virginians, Our Children’s Trust filed a new constitutional climate lawsuit against the Commonwealth of Virginia. In Layla H. v. Commonwealth of Virginia, the youth plaintiffs assert that their state government is actively contributing to the climate crisis by permitting fossil fuel infrastructure including the production, transport, and burning of fossil fuels, thus violating the youths’ public trust and state constitutional rights of life, liberty, and property.
Pictured: 10 of the 13 youth plaintiffs in Layla H. v. Commonwealth of Virginia
march 2022
March 10: Request for Intervention Filed with European Court of Human Rights in Support of Norwegian Youth
Alongside and on behalf of 100 psychiatrists, psychologists, academics, and organizations specializing in children’s mental health from 12 different countries, Our Children’s Trust submitted a request to intervene in the European Court of Human Rights case, Greenpeace Nordic and Others v. Norway (often called People v. Arctic Oil), seeking to provide the court with information about the body of science documenting the mental health crisis children are suffering due to government actions that perpetuate the climate crisis.
March 15: New Youth-Led Constitutional Climate Case Filed: Natalie R. v. State of Utah
On behalf of seven young people in Utah, Our Children’s Trust filed a new constitutional climate lawsuit, Natalie R. v. State of Utah, against the young Utahn’s state government, asserting that the State of Utah is actively causing and contributing to the climate crisis and Utah’s dangerous air quality by maximizing, promoting, and systematically authorizing the development of fossil fuels in Utah. The youth claim that the result of these government actions is hazardous air quality and other dangerous impacts of the climate crisis that directly harm the young plaintiffs and violate their state constitutional rights to life, health, and safety
March 29: Julia Olson Awarded Prestigious Katharine and George Alexander Prize
Julia Olson - Our Children’s Trust Executive Director, Chief Legal Counsel, and lead counsel in Juliana v. United States - was awarded the 2022 Katharine and George Alexander Prize. Presented by Santa Clara University of Law, this prestigious award was created “to bring recognition to legal advocates who have used their legal careers to help alleviate injustice and inequity.”
april 2022
April 21: FDACS Proposed Renewable Energy Goals from Florida Youth-Led Petition
At a press conference in Miami, alongside Delaney and Valholly (two of the co-lead youth petitioners), Commissioner Nikki Fried and FDACS released a proposed rule that set goals to increase the use of renewable energy in the state of Florida. This action was in response to the youth-led petition for rulemaking filed in January and used the language proposed by youth signatories, setting the following renewable energy goals for Florida utilities: at least 40% by 2030, 63% by 2035, 82% by 2040, and 100% by 2050.
April 29: Independent Documentary - “YOUTH v GOV” - Premiered Globally on Netflix
“YOUTH v GOV” - an independent award-winning documentary by acclaimed Director Christi Cooper, Barrelmaker Productions, and Vulcan Productions about our landmark federal constitutional climate lawsuit Juliana v. United States - premiered globally on Netflix. Promoted in a media blitz and amplified by such high profile allies as Leonardo DiCaprio and Mark Ruffalo, this independent film follows the 21 youth plaintiffs across several years of their quest to seek climate justice in the courts and secure their constitutional right to a safe climate (with an ending still to be written as this case continues to move through our court system: a ruling on the youths’ Motion to Amend is expected any day now and, if favorable, would put them back on the path to trial in 2023!)
may 2022
May 3: Our Children’s Trust Released a Statement re: Supreme Court Ruling Leak
Our Children’s Trust released a statement - “Why We Are Relentless” - in response to a leaked draft ruling from the Supreme Court of the United States in Dobbs v. Jackson Women’s Health Organization.
june 2022
June 1: New Youth-Led Constitutional Climate Case Filed: Navahine F. v. Hawaiʻi Department of Transportation
On behalf of 14 young people, Our Children’s Trust filed a new constitutional climate lawsuit with our local counsel at Earthjustice - Navahine F. v. Hawaiʻi Department of Transportation - against the Hawaiʻi Department of Transportation (HDOT); HDOT Director Jade Butay; Government David Ige; and the State of Hawaiʻi. The youth plaintiffs claim that their state DOT’s active operation of a transportation system that results in high levels of greenhouse gas emissions is causing significant harm to their communities, violates their constitutional rights, and undermines their ability to “live healthful lives in Hawaiʻi now and into the future.”
Pictured: 13 of the 14 youth plaintiffs in Navahine F. v. Hawaiʻi Department of Transportation
June 9: People vs. Fossil Fuels Launches Petition to Attorney General Merrick Garland and U.S. Department of Justice: End Opposition to Juliana v. U.S. Youth Climate Case!
People vs. Fossil Fuels - a coalition of “hundreds of groups representing millions of people across the country fighting for climate, racial, and economic justice” - launched a new online petition, directed to the U.S. Department of Justice (DOJ) and Attorney General Merrick Garland, demanding that Attorney General Garland end the DOJ’s opposition to Juliana v. United States proceeding to trial.
You can still sign this petition, joining almost 50,000 fellow signatories around the world, and share it with friends and family today!
June 14: Montana Supreme Court Denied State’s Efforts to Derail Youth Climate Case
In an important win for young Montanans, the Supreme Court of Montana denied the State’s petition for writ of supervisory control, and related motion for stay, filed by the Attorney General of the state of Montana in Held v. State of Montana…and the case moves forward!
June 24: Our Children’s Trust Released a Statement re: Supreme Court Ruling on Dobbs v. Jackson Women’s Health Organization
Our Children’s Trust released a statement - “We Cannot Turn Our Backs on Injustice” - in response to the Supreme Court of the United States ruling in Dobbs v. Jackson Women’s Health Organization.
June 30: Our Children’s Trust Released a Statement re: Supreme Court Ruling on West Virginia v. EPA
Our Children’s Trust released a statement - “Today’s West Virginia v. EPA Ruling Was Wrong But It Doesn’t Change Our Course” - in response to the Supreme Court of the United States ruling in West Virginia v. EPA.
july 2022
July 15: Juliana Youth Plaintiffs Gathered In-Person For First Time Since Pandemic
The Juliana v. U.S. youth plaintiffs gathered with their attorneys for a retreat in Central Oregon, coming together in-person for the first time since the beginning of the pandemic. During their retreat, the young plaintiffs spent time socializing together and enjoying the outdoors, shared the struggles of this work and were supported by Our Children’s Trust’s trauma consultant, and discussed next steps and strategy in their landmark climate lawsuit. The youth continue to await a ruling on the Motion to Amend their case - expected any day now! - where a favorable ruling would put them back on the path to trial in 2023. No one has been bearing the brunt of this long wait more than these amazing 21 young people, and their resolve and support of one another is truly remarkable.
Juliana v. U.S. youth plaintiffs and their attorneys, July 2022 (Photo by Robin Loznak)
august 2022
August 9: In Response to Youth-Led Petition for Rulemaking, Strongest Climate Policy Enacted in Florida in Over a Decade
FDACS renewable energy rule, Chapter 5O-5: Renewable Energy, became effective, all because of the steadfast work of Florida youth alongside our attorneys. This new rule is the most significant climate policy in Florida enacted in over a decade and, per language proposed by the youth signatories, sets the following renewable energy goals for Florida’s electric utilities: at least 40% by 2030, 63% by 2035, 82% by 2040, and 100% by 2050.
August 25: Our Children’s Trust Released a Statement re: the Inflation Reduction Act
Our Children’s Trust released a statement in response to the signing of the Inflation Reduction Act.
september 2022
September 16: Oral Arguments Held in Layla H. v. Commonwealth of Virginia
Youth plaintiffs and their attorneys appeared in-person before the Honorable Clarence N. Jenkins Jr. at the Richmond City Circuit Court to present the youth’s position on why the case should be permitted to proceed to trial. Over 100 supporters joined the youth plaintiffs in the courtroom and at a post-hearing press conference on the courthouse plaza. During the hearing, Judge Jenkins Jr. ruled from the bench that the Virginia government is immune from being sued, citing “sovereign immunity,” for violating Virginia citizens’ rights to life and liberty, which are protected by the Virginia Constitution Bill of Rights. Judge Jenkins Jr. said in his ruling from the bench that “the court will not address the merits” of youth plaintiffs’ constitutional claims and he will rule to dismiss the case. This ruling is wrong and our attorneys immediately began working on an appeal.
Hear Virginia youth plaintiffs speak at the post-hearing press conference here!
october 2022
October 4: Trial Dates for Held v. State of Montana Announced
Trial dates for Held v. State of Montana - the first ever constitutional climate trial and first ever children’s climate trial in U.S. history - were announced. The two-week trial will begin on Monday, June 12, 2023 at the First Judicial District Court in Helena, Montana and will conclude Friday, June 23, 2023.
October 13: Juliana v. U.S. Attorneys Submit Filings with U.S. District Court of Oregon re: How Recent Supreme Court Rulings Support Case
Our Children’s Trust attorneys submitted three filings with the United States District Court of Oregon in support of Juliana v. United States regarding the Supreme Court’s rulings in Dobbs v. Jackson Women’s Health Organization, West Virginia v. EPA, and New York State Rifle & Pistol Assoc. v. Bruen. These notices were filed to inform Judge Ann Aiken how these new Supreme Court precedents support the Juliana youth plaintiffs’ arguments that they are entitled to have their constitutional claims heard at trial.
October 24: Three Requests for Third Party Intervention Granted by European Court of Human Rights
In a rare event, not one but three requests for Third Party Intervention filed by Our Children’s Trust, alongside fellow global climate and human rights partners, were granted by the European Court of Human Rights. These requests were to brief the court on the best available climate science and its importance in protecting the human rights of Europeans, especially young people, as the Court considers its first ever climate-related cases: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, Duarte Agostinho and Others v. Portugal and Others, and Carême v. France.
October 26: Notice of Appeal Filed in Layla H. v. Commonwealth of Virginia
Attorneys for the Layla H. v. Commonwealth of Virginia youth plaintiffs filed a Notice of Appeal in response to the September 16 ruling by Judge Clarence N. Jenkins Jr. The appeal will argue that the judge erroneously found the Commonwealth of Virginia, including the Governor and specific state agencies, immune from being sued for violating Virginia citizens’ fundamental rights to life and liberty – rights protected by the Virginia Constitution’s Bill of Rights.
november 2022
November 4: Oral Arguments Heard in Natalie R. v. State of Utah
Youth plaintiffs and their attorneys appeared in-person before the Honorable Robert Faust at the Third District Courthouse to present the youth’s position on why the court should let the case proceed to trial. Following oral arguments, the youth plaintiffs were joined by community members for a solidarity rally at Washington Square Park across from the courthouse.
Natalie R. v. State of Utah youth plaintiffs at the Third District Courthouse, 11/4/22 (Photo by Robin Loznak)
November 9: Judge Rules Against Natalie R. v. State of Utah Youth; Youth Plaintiffs to Appeal
Following oral arguments on November 4th, Judge Robert Faust ruled in favor of the state to dismiss the case. Noting in his brief written decision that “Plaintiffs have a valid concern,” the judge cited the political question doctrine, redressability, and substantive due process as issues informing his decision to grant the state’s motion. Anticipating this decision, the youth plaintiffs and their attorneys are preparing a Notice of Appeal that will advance the case to the appellate court level in early 2023.
december 2022
December 5: Our Children’s Trust and Global Partners Submit Evidence to European Court of Human Rights: 1.5°C Climate Target Too Weak on Human Rights
Our Children’s Trust, alongside fellow leading global climate and human rights organizations Oxfam, the Centre for Climate Repair at Cambridge, and the Centre for Child Law at the University of Pretoria, submitted Third Party Interventions to the European Court of Human Rights in the Grand Chamber’s first ever climate-related cases: Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, Duarte Agostinho and Others v. Portugal and Others, and Carême v. France. These intervention briefs highlighted key scientific evidence necessary for the Court to consider in assessing the relationship between government responsibility for climate change and the violation of human rights.
Throughout 2022…
Preparing for Historic Trial in Montana
This year, attorneys at Our Children’s Trust accelerated preparation for the upcoming historic June 2023 trial in Held v. State of Montana. In 2022, our attorneys made multiple trips to Montana to defend the depositions of our expert witnesses and to depose State agencies and the State’s expert witnesses. We have been ably assisted by local counsel in Montana, who work pro bono. Our attorneys also have met with the youth plaintiffs in-person to defend their depositions and help them to prepare for trial, now less than six months away. Our 14 pro bono experts at trial will include such luminaries as Dr. Steven Running, Dr. Cathy L. Whitlock, and Dr. Mark Jacobson, all of whom will be providing expert testimony in areas like climate science, energy, atmospheric science, forestry and conservation, biology, geology, public health, and Indigenous and tribal culture and preservation. We are also working with several experts pro bono to provide rebuttal reports in response to the State’s three expert witnesses; the experts providing these rebuttal reports include such well-recognized names as Peter Erickson, Dr. Lise Van Susteren, and Dr. Kevin Trenberth. For example, Dr. Trenberth, also a pro bono expert in our federal Juliana v. U.S. case, has been honored with a lifetime achievement award for his groundbreaking climate variability and climate change work, focusing on global energy and water cycles.
Advancing Existing Constitutional Climate Cases
In addition to the above listed achievements, rulings, filings, and events, our team of legal experts also continued to urgently advance all of our currently active youth-led constitutional climate lawsuits - across the United States and around the world. In 2022 alone, Our Children’s Trust represented and provided legal services and support to hundreds of children and young people around the world, all at no cost to them or their families.
Developing New Constitutional Climate Cases
Throughout 2022, the legal team at Our Children’s Trust also made significant progress on new case development, preparing to file and support new state, federal, and global constitutional climate cases and legal actions. Stay tuned for updates about new youth-led cases to be filed in 2023…
Accelerating Global Climate Litigation
In 2022, Our Children’s Trust significantly expanded our global work supporting our ongoing international cases and additional legal processes, including filing an Amicus brief in Jóvenes v. Gobierno de México and submitting a trio of Third Party Interventions to the European Court of Human Rights to brief the Court on the best available climate science and its importance in protecting human rights. We joined and expanded our participation in global coalitions working to secure a safe climate and children’s rights and participated in convenings around the world. In September, Kelly Matheson, Our Children’s Trust’s new Deputy Director of Global Climate Litigation, presented at the Ninth International Policy Conference (IPC) on “Climate change and children’s rights in Africa: impact and accountability,” hosted by the African Child Policy Forum. Kelly also represented Our Children’s Trust at the Assembly of States Parties for the International Criminal Court in The Hague. Looking forward to 2023, we will further accelerate our efforts as we develop new global youth-led legal actions, brief global courts and leaders on “climate rights as human rights” and the urgent need to protect our children and future generations, and work to ensure that courts have access to evidence of the best available science - including accurate scientific metrics for measuring our progress on addressing the climate crisis - as judges hear climate cases in jurisdictions around the globe.
Advocating for the Importance of the Best Available Climate Science
This year, Our Children’s Trust continued to advocate for the importance of relying on the best available climate science in all of our climate litigation and advocacy. Our team briefed judges, attorneys, decision-makers, legal scholars, partners, reporters, and the public using methods like intervention briefs, interviews, panels and webinars, op-eds, short animations, legal scholarship, and joining and leading global coalitions.
Read “The Injustice of 1.5°C–2°C: The Need for a Scientifically Based Standard of Fundamental Rights Protection in Constitutional Climate Change Cases,” co-written by Andrea Rodgers, Our Children’s Trust Senior Litigation Attorney
Watch our short climate animation: “Why 350 ppm?” (Also available with captions here)
Submitting Public Comments to State and Federal Agencies
In 2022, the legal team at Our Children’s Trust submitted more than 10 public comments to federal and state agencies, including the Federal Highway Administration, Environmental Protection Agency, Bureau of Land Management, Council on Environmental Quality, Virginia Department of Energy, and Michigan Department of Environment, Great Lakes, and Energy. These public comments provided our expert recommendations - informed by the constitutional obligations of these agencies, the rights of youth, and the science that must guide the decision-making of these government entities – on electric vehicle charging infrastructure, methane emissions from crude oil and natural gas sources, the Willow Master Development Plan (Alaska), EPA’s Draft Inventory of U.S. Greenhouse Gas Emissions and Sinks report, CEQ’s Climate and Economic Justice Screening Tool, recommendations to the Children’s Health Protection Advisory Committee (including virtual testimony by youth at a public meeting), heavy-duty engine and vehicle standards, the proposed consent decree in the Clean Air Act Citizen Suit, the nomination of experts for the peer review of the Technical Support Document for the Social Cost of Greenhouse Gases, the 2022 Virginia Energy Plan, and the Draft Michigan Healthy Climate Plan.
Mentoring the Next Generation of Climate Lawyers and Leaders
Our team also works closely every year with law students, college students, educators, and K-12 students to mentor, educate, and engage the next generation of climate leaders, litigators, and human rights advocates. This includes hosting a diverse, robust law clerk program where we provide educational and experiential opportunities to approximately 50 law students and college students each year; stewarding an ongoing partnership with Yale Law School’s Environmental Protection Clinic; providing internship opportunities with our Government Affairs Staff Attorney for hands-on learning and experience in advocacy and our nation’s political system; collaborating with domestic and global experts in and scholars of children’s rights, public health, and the law; and presenting classes and workshops to students at all levels of education - from middle school to law school - on issues ranging from children’s rights and human rights to constitutional climate law to climate impacts on children’s health. We also identify and facilitate opportunities for our youth plaintiffs to speak in educational settings; for example, in April, Juliana v. U.S. youth plaintiff Miko spoke to Stanford University students in the Camera as Witness Program, an initiative to use documentary film as a year-round educational tool.
Media Coverage in National, International, and Regional Press in 2022
Throughout 2022, Our Children’s Trust, the youth plaintiffs we represent and support, and their groundbreaking climate litigation were featured by hundreds of high profile print, radio, television, video, and podcast media outlets in the United States and around the world, including ABC, CBS, NBC, Associated Press, Reuters, NPR, CNN International, Democracy Now!, The Hill, The Guardian, E&E, Law360, Bloomberg Law, Inside EPA, The Weather Channel, Grist, Teen Vogue, Gizmodo, Politico, Drilled, Now This, and Common Dreams. In addition to earned media, op-eds written by youth plaintiffs, staff, and supporters were published in regional and national publications.
Online Events Throughout the Year
The team at Our Children’s Trust hosted numerous online and in-person briefings and press conferences to discuss key moments in our youth-led climate litigation, as well as in-person and livestreamed solidarity rallies and online conversations with staff and youth plaintiffs on social media. Our staff team and youth plaintiffs also participated in online and in-person events across the United States and around the world, from international human rights convenings to national legal conferences to local community mobilizations.
Looking forward to 2023!
It’s been a very busy 2022 at Our Children’s Trust. And 2023 is poised to be our biggest year yet as we prepare for the first ever constitutional climate trial - and first ever children’s climate trial - in U.S. history and await the imminent ruling in Juliana v. United States which would put this landmark case on the path to full trial. We are committed to sustaining our relentless quest to protect the legal rights of our planet’s children to a safe climate, all while young people around the world continue to suffer from extreme climate events, from hurricanes and flooding to extreme heat, drought, and wildfires. These young climate leaders are fighting fiercely for their rights to science-based climate mitigation and we are right there with them, side by side. Together, we will greet the new year with a renewed commitment to demanding the protection of their rights to a safe climate. We hope you’ll be there with us.