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Judge rejects teens' lawsuit against Utah's fossil fuel policies

Teens sue Utah over climate change
Posted at 12:18 PM, Nov 10, 2022
and last updated 2022-11-10 14:18:05-05

SALT LAKE CITY — A judge has dismissed a lawsuit filed by a group of Utah teenagers against the state over its fossil fuel policies.

In a ruling handed down by 3rd District Court Judge Robert Faust on Thursday, he declared that while the teens "have a valid concern" about climate change and Utah's fossil fuel policies, he was dismissing the lawsuit because the issues are within the power of the legislative branch of government.

"They seek a different weighing of the interests involved, though the Legislature has already balanced the interests and created policy through statute," he wrote. "Striking down the legislature's fossil fuel policies would be contrary to our constitutional system and violate the separation of powers."

The judge also said the plaintiffs' remedies require "a global solution."

A group of teens sued Utah arguing that its fossil fuel policies are actively harming their health and safety and violate their rights under the state constitution. The Utah Attorney General's Office, representing Utah's Division of Oil, Gas & Mining, asked for the lawsuit to be dismissed.

Attorneys for the teens said they would appeal the judge's ruling.

"This ruling marks a very sad day for myself and all other youth across the state of Utah, as the lower court has determined that it is not interested in hearing our plea for the protection of our constitutional right to life,” said Dallin Rowe, one of the plaintiffs, in a statement through his attorneys. "We did not come to this fight just to roll over after the first hurdle, nobody said it would be easy, but we have every intention of continuing this case to hold our state accountable by challenging this decision in the higher courts. The urgency of this moment, and the gravity of this crisis make it very clear that if we as a state intend to protect the rights of our youth, and all those to come, then this ruling must be reversed."

The Utah Attorney General's Office did not immediately respond to a message seeking comment on the ruling.

Read the judge's ruling here: