SALT LAKE CITY — A group of Utah teens have re-filed a lawsuit accusing the state of harming their health through its fossil fuel policies.
The litigation, filed this week in Salt Lake City's 3rd District Court, accuses Utah's Division of Oil, Gas and Mining of violating their "right to life," which is protected by the Utah Constitution, by issuing hundreds of coal, oil and gas permits.
"We're living with, you know, poor air quality and having respiratory issues at a young age. It's certainly going to continue to impact us as we grow up," Natalie Roberts, one of the plaintiffs in the lawsuit, said in an interview Thursday with FOX 13 News.
The lawsuit seeks an injunction to block the permits.
"We just really want them to acknowledge that these permits are violating those constitutional rights. And then the other thing we want them to do, we want them to take action against these permits," Roberts said.
A similar lawsuit was filed by the teens several years ago and made its way to the Utah Supreme Court. It alleged Utah's fossil fuel policies contributed to climate change and negatively impacted the youth. But when the Utah State Legislature adopted an "all of the above" energy policy that included renewable sources like solar, wind and nuclear power — in addition to fossil fuels — the justices essentially declared the case moot.
SLC, Provo meet federal air quality standards, but doctors warn residents to stay vigilant:
However, the teens were allowed to re-file the case with more specifics on harms to them.
"So that's why the youth pivoted and are challenging these very discreet permit decisions that have been made," said Andrea Rodgers, the deputy director of U.S. strategy for Our Children's Trust, which is representing the youth in the litigation.
Since the Utah Supreme Court ruling, the plaintiffs allege in their lawsuit that the Utah Division of Oil, Gas and Mining has issued hundreds of new permits for oil, coal and gas.
"An all of the above energy policy that continues to prioritize fossil fuels, it's not really an all of the above energy policy," Rodgers said. "The fact of the matter is, wind and solar are the cheapest forms of energy today and it's really rendered fossil fuels largely unnecessary with respect to how Utahns get their energy."
Most recently, the Utah Department of Environmental Quality announced the state has reached attainment for air pollution along the Wasatch Front. Rodgers said it does not impact their litigation.
In response to FOX 13 News' inquiries about the lawsuit, the Utah Division of Oil, Gas and Mining said it was reviewing the lawsuit and would respond in time.
"The responsible development of our natural resources, including oil, gas, coal and critical minerals, is essential to modern life and contributes significantly to society’s well-being and advancement. The Utah Division of Oil, Gas and Mining is committed to supporting Utah’s rules and laws that regulate these activities to protect the environment and ensure public safety," the agency said.
Read the lawsuit here:
