Brigham Young University Prelaw Review


climate change, global warming, fossil fuels, environment, legislation, jurisdiction


Despite the issue of human-caused climate change being upheld by science for decades, topics of its legitimacy, relevance, and repercussions are still debated heavily today. In an attempt to argue for their constitutional right to a safe and livable climate, 21 young plaintiffs have sued the federal government for its affirmative action increasing America’s dependency on fossil fuels, thus exacerbating the climate crisis. The obstacles facing their case can be reduced to an argument concerning the courts jurisdiction over climate issues. This article will argue that the plaintiff's case is centered around the civil rights of children, and thus the court must use its powers of judicial review to condemn the federal government's actions and oversee a plan to remediate the plaintiffs complaints.