ELR Citation: 56 ELR 20076
No(s). 25-6714 (9th Cir. Jun 2, 2026)

In an unpublished opinion, the Ninth Circuit affirmed dismissal of a lawsuit brought by 22 youths challenging three executive orders (EOs) signed by the president.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 while debilitating the Agency was ultra vires, that termination of the National Climate Assessment and the "wholesale suppression of climate science" were ultra vires, and that the challenged actions were unconstitutional under the state-created danger doctrine. A district court dismissed for lack of redressability and standing. The appellate court affirmed, concluding plaintiffs had not plausibly alleged their asserted injuries were caused by the EOs, as they could only speculate that the EOs caused the many agency actions they alleged would exacerbate climate change; and that the court did not have power to grant or enforce the relief sought as it would require “extensive judicial supervision of executive branch actions related to energy policy” and would require a court to determine whether “an untold number” of executive branch actions “implement” the challenged EOs.