ELR Citation: 54 ELR 20074
No(s). CV 23-10345-MWF (AGRx) (C.D. Cal. May 8, 2024) (Fitzgerald, J.)

A district court granted EPA's motion to dismiss for lack of redressability a climate liability lawsuit brought by a group of minors in California. The plaintiffs argued EPA violated their constitutional rights by intentionally allowing dangerous levels of pollution to enter the atmosphere from sources under its control, despite knowing it would harm current and future generations. EPA moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court found plaintiffs failed to demonstrate how a declaration regarding their rights under the Constitution and the legality of EPA's conduct, on its own, was likely to redress their economic harms, psychological harms, and health impacts, among others. It granted EPA's motion to dismiss, with leave to amend.