The Justice Department urged an appeals court on Monday to reject a bid by a group of young climate activists to revive a lawsuit against President Donald Trump’s executive orders slashing climate change funding and aiming to boost energy production. [some emphasis, links added]
A three-judge panel on the U.S. Court of Appeals for the Ninth Circuit heard arguments in a case brought by a group of 22 climate activists challenging Trump’s orders halting funding for climate change programs.
As the activists describe it, his actions violate their constitutional right to life because the executive orders will have harmful impacts on the environment.
A lower federal court tossed out the lawsuit due to a lack of standing, a ruling the Justice Department asked the panel to uphold.
“This case is another climate change case with sprawling and speculative legal theories and claims,” DOJ lawyer John K. Adams told the panel.
Trump has enacted several executive orders cutting funding for climate change programs, largely enacted under the Biden administration.
Trump has also cut regulations, clearing the way for increased production of various forms of energy, including oil. The president’s actions have sparked outrage from Democrats and climate change activists.
Adams explained that the courts have no business addressing the issues the climate activists brought forward in their lawsuit, noting they are instead policy issues.
“This court cannot enjoin the executive branch from exercising express congressional authority,” Adams said. “The relief plaintiffs seek here requires a balancing of competing economic, social, and political forces that must be made to our elected officials, both within the legislative branch and within the executive branch.”
The lawyer for the group of young climate activists, Julia Olson, argued that the executive orders in question unlawfully subvert Congress’s goal of combating climate change and urged the appeals court to allow the case to continue in the lower district court.
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