Natalie R. v. State

A state district court in Utah dismissed a lawsuit brought against the State of Utah and other State defendants for allegedly violating the substantive due process rights of youth plaintiffs under the Utah constitution to life, health, and liberty by maximizing, promoting, and systematically authorizing development of fossil fuels. Counsel for the plaintiffs reported that the court’s brief written decision stated that the plaintiffs had a “valid concern” but dismissed their claims, citing the political question doctrine, redressability, and substantive due process issues. Plaintiffs said they would appeal the dismissal.

Youth plaintiffs filed a lawsuit in Utah state court alleging that the State of Utah and other State defendants violated their substantive due process rights to life and liberty under the Utah Constitution by maximizing, promoting, and systematically authorizing the development of fossil fuels. The plaintiffs alleged that the State’s “Fossil Fuel Development Policy” and the defendants’ implementation of the Policy caused and contributed to dangerous air quality and climate change that harmed the plaintiffs, and that the youth plaintiffs were “disproportionately vulnerable to the harms of the climate crisis.” The plaintiffs also contended that the defendants had long-standing knowledge (since the 1960s) of the air quality and climate change dangers of fossil fuels. The plaintiffs sought declaratory relief—which the plaintiffs alleged “would substantially influence and stop the conduct of Defendants”—and attorneys’ fees and costs.