9th Circuit Court Denies Climate Lawsuit Against Donald Trump

The 9th U.S. Circuit Court of Appeals unanimously denied a request for an en banc review in Lighthiser v. Trump, a lawsuit brought by 22 young climate activists. The plaintiffs, represented by Our Children’s Trust, sought to block three 2025 executive orders issued by Donald Trump to increase the production and consumption of oil, gas, and coal.

The legal challenge began in October 2025, when a Montana District Court judge dismissed the case. While the judge acknowledged that the plaintiffs suffered real harms from climate change, the court ruled that the request to undo executive policies exceeded judicial authority. A subsequent three-judge appeals panel upheld this decision in June, stating that the connection between the executive orders and the plaintiffs' alleged future injuries was "too speculative" to justify the lawsuit, citing the separation of powers between the judiciary and the executive branch.

Lead plaintiff Eva Lighthiser stated that the government made a choice that is "actively harming" her and her fellow plaintiffs. With the 9th Circuit's refusal to revisit the case, the plaintiffs' only remaining legal path is an appeal to the U.S. Supreme Court.