Ten youth plaintiffs filed a lawsuit in Utah District Court asserting that the Utah Department of Natural Resources Board of Oil, Gas, and Mining; the Division of Oil, Gas, and Mining; and the Division’s director violated the plaintiffs’ rights under the Utah Constitution by issuing permits for oil, gas, and coal development. The complaint alleged that many of the plaintiffs in this case previously sued State defendants asserting that the State’s energy policies and practices violated  fundamental rights to life and health and that the Utah Supreme Court’s decision in that case—<a href="https://www.climatecasechart.com/collections/natalie-r-v-state_e89104">Natalie R. v. State</a>—affirmed dismissal of the case “but reversed the district court’s dismissal with prejudice, opening the door for Plaintiffs to challenge ‘the constitutionality of any specific state action, such as a granted permit or other regulatory decision.” The complaint alleged that since the Supreme Court’s decision, the State defendants had issued 364 permits for new oil and gas wells and 1 permit for coal development. They contended that issuance of the permits “will worsen Utah’s localized air pollution and add more climate pollution to the atmosphere that lasts for hundreds of years, substantially harming Plaintiffs’ health and safety and significantly diminishing their lifespans.” The complaint further alleged that the permits were not necessary because non-fossil fuel energy sources were available at lower cost and with greater reliability. The complaint asserted violations of the plaintiffs’ substantive due process rights to life and liberty under Article I, Sections 1 and 7 of the Utah Constitution. It also asserted that issuance of the permits without consideration of pollution emissions, harms to health and safety, and the availability of other means of meeting energy needs violated the plaintiffs’ procedural due process rights under Article I, Section 7. The plaintiffs asked the court to grant declaratory and injunctive relief, including ordering review of all challenged permits and revocation of permits and other actions “as necessary to ensure that fossil fuel development permitted by Defendants is narrowly tailored to meet energy needs and avoid harm to Plaintiffs.” The plaintiffs also requested attorneys’ fees and costs.

Youth plaintiffs' lawsuit alleging that State of Utah defendants' issuance of permits for oil, gas, and coal development violated their rights under the Utah Constitution.

Roberts v. Department of Natural Resources, Board of Oil, Gas, & Mining

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Youth Plaintiffs Filed State Constitutional Challenge to Utah’s Issuance of Permits for Fossil Fuel Development

Filed

United States of America

Utah

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt freshwater systems to climate change.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Production of electricity and heat from solar irradiation.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Youth Plaintiffs Filed State Constitutional Challenge to Utah’s Issuance of Permits for Fossil Fuel Development

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance