The federal district court for the District of Montana granted a motion by 19 states and Guam (state intervenors) to intervene as defendants in a lawsuit brought by youth plaintiffs challenging three executive orders issued by President Trump that the plaintiffs alleged were ultra vires and would deprive them of fundamental rights to life and liberty by increasing use of polluting fossil fuels and slowing the building of energy infrastructure to reduce fossil fuel greenhouse gas emissions. The court found that the state intervenors satisfied criteria both for intervention as of right and permissive intervention. Regarding intervention as of right, the court found that the state intervenors established that their interests in their energy policies, businesses, and employment might be impaired and that they made a sufficient showing that the federal defendants would not adequately represent these interests. The court also ruled that the state intervenors would retain their sovereign immunity under the Eleventh Amendment.

Youth plaintiffs' lawsuit challenging Trump energy executive orders as violative of substantive due process rights and ultra vires.

Lighthiser v. Trump

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Montana Federal Court Allowed States and Guam to Intervene to Defend Trump Energy Executive Orders in Youth Lawsuit

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Montana Federal Court Allowed States and Guam to Intervene to Defend Trump Energy Executive Orders in Youth Lawsuit

Policy instrument

Impacted group

Fossil fuel

Economic sector

Finance