Summary:
On 10 December 2023, 18 children from California, aged 8 to 17, initiated a constitutional climate lawsuit titled Genesis B. v. United States Environmental Protection Agency (EPA). The lawsuit targets not only the EPA but also its administrator, Michael Regan, and the U.S. federal government. The central claim put forth by the young plaintiffs is that the EPA, responsible for regulating greenhouse gas emissions, is deliberately allowing life-threatening climate pollution to be emitted by fossil fuel sources under its jurisdiction. According to the plaintiffs, this negligence is causing substantial harm to the health and welfare of children. Furthermore, the children argue that the EPA is engaging in discrimination against them as a distinct group of individuals by discounting the economic value of their lives and their future when making decisions about the permissible levels of climate pollution. The plaintiffs assert that such actions violate their constitutional rights, specifically the right to equal protection of the law and the right to life.
This legal action is part of a sequence of constitutional climate cases initiated by the nonprofit legal organisation Our Children’s Trust and led by youth activists. Notably, Our Children’s Trust achieved a significant milestone in August 2023 with the Held and Others v. Montana case. In this instance, a judge sided with plaintiffs who contended that the state’s policies favouring fossil fuels encroached upon their constitutional entitlement to a clean and healthful environment
Claim:
The youth involved in Genesis B. v. United States Environmental Protection Agency asserted that the EPA’s actions violated their fundamental constitutional rights, specifically the right to equal protection of the law and the right to life and liberty. They sought a declaratory judgment from the federal court and are urging the court to establish a unique standard of judicial review that recognises and protects the equal protection rights of children. Ultimately, the plaintiffs aimed to compel the EPA to cease permitting life-threatening levels of fossil fuel climate pollution and, in alignment with scientific recommendations, phase out fossil fuel pollution by 2050.
Dismissal of the case:
On 9 April 2026, the case was dismissed for lack of standing by the Ninth Circuit Court of Appeals, which agreed with the United States District Court for the Central District of California. The Ninth Circuit Court found that the plaintiffs had not alleged a viable injury to their constitutional (equal protection) rights, given that discrimination against children had not been proven to be a motivation of the contested policies. Even if they had been able to show cognizable injuries from climate change, the link between governmental discounting policies and those injuries was “too speculative and tenuous” to meet standing criteria. Citing its own findings in Juliana, the Court held that recognizing a rights violation in this case could not redress the alleged injuries.
Link:
The original petition is available for download below, as is the Ninth Circuit’s finding:
Suggested citation:
US Ninth Circuit Court of Appeals, Genesis B. v. United States Environmental Protection Agency, No. 25-2473 D.C. No. 2:23-cv-10345MWF-AGR, 9 April 2026.
Last updated:
24 June 2026.