ELR Citation: 56 ELR 20050
No(s). 25-2473 (9th Cir. Apr 9, 2026)

The Ninth Circuit affirmed dismissal of a challenge brought by 18 minors against EPA and other federal entities over the policy and practice of promulgating rules regulating greenhouse gas (GHG) emissions in reliance on cost-benefit analyses that "discount" the value of future costs and benefits. The minors argued EPA's use of discounting discriminated against them in violation of their constitutional rights because it favored present-day consumption over future consumption, advantaging adults at the expense of minors. They also argued the GHG regulations harmed the environment by allowing greater emissions, ultimately harming them. The appellate court agreed with the district court that the minors lacked standing because their discrimination theory failed to a state a viable injury-in-fact to their equal protection rights and the alleged environmental harms were not fairly traceable to the discounting policies. It affirmed dismissal.