ELR Citation: 55 ELR 20144
No(s). CV 25-54-BU-DLC (D. Mont. Oct 15, 2025) (Christensen, J.)

A district court granted the Trump Administration's motion to dismiss a lawsuit brought by 22 youths challenging three executive orders (EOs) signed by the president. Plaintiffs argued that EOs 14154, 14156, and 14261 violated their due process rights to life and liberty, that EPA's implementation of the EOs to "unleash" fossil fuel pollution and debilitate EPA was ultra vires, that termination of the National Climate Assessment and the Administration's "wholesale suppression of climate science" were ultra vires, and that the challenged actions were unconstitutional under the state-created danger doctrine. The Administration moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court found that while plaintiffs had presented "overwhelming evidence that the climate is changing at a staggering pace, ... that this change stems from the rise in atmospheric carbon dioxide, caused by the production and burning of fossil fuels," and implementation of the EOs would increase atmospheric carbon dioxide and exacerbate the harms experienced by plaintiffs, their "compelling" case for redress—that the court revert to the regulatory framework that existed on January 19, 2025—must be made to the political branches or to the electorate. It dismissed the suit for lack of redressability and standing.