Photo: Robin Loznak
Natalie R. v. State of Utah
On March 15, 2022, seven youth from across the state of Utah filed their constitutional climate lawsuit against the state of Utah, Natalie R. v. State of Utah. The case argues that, through its statutory policy to maximize, promote, and systematically authorize the development of fossil fuels in Utah, the State is actively causing and contributing to Utah’s hazardous air quality and dangerous climate crisis impacts, harming the young plaintiffs and violating their state constitutional rights to life, health, and safety.
The youth plaintiffs claim that their state government has long known of the dangers of fossil fuels yet has continued to take affirmative actions that worsen air pollution and the climate crisis in the Beehive State, resulting in increasingly hazardous air quality and climate impacts that directly harm Utah’s children.
The youth plaintiffs are represented by Andrew Welle with Our Children’s Trust and Andrew Deiss, John Robinson, and Corey Riley with Deiss Law PC.
Current Status:
On September 19, 2023, attorneys for the youth plaintiffs filed their opening brief in the Utah Supreme Court, explaining why the lower court’s dismissal of their case should be reversed so that they can proceed to trial to present evidence of their constitutional claims. In the coming months, the State will file a response brief, followed by a reply brief from the plaintiffs before the Supreme Court will schedule a hearing where both parties will present oral arguments to Utah’s highest court.
TIMELINE:
The following is a timeline of major moments, filings, and rulings in Natalie R. v. State of Utah, from March 15, 2022 to today:
“March 15, 2022: Case Filed!
Seven Utahn youth filed their constitutional climate case against the state of Utah.”
“May 6, 2022: State Filed Motion to Dismiss
The State of Utah filed its Motion to Dismiss the case. ”
“June 10, 2022: Youth Plaintiffs Filed Opposition to Motion to Dismiss
Attorneys for the youth plaintiffs filed their response to the motion to dismiss. ”
“November 4, 2022: Youth Plaintiffs & Their Attorneys Present Oral Arguments
Youth plaintiffs and their attorneys appeared before the Honorable Robert Faust at the Third District Courthouse in Salt Lake City to present the youth’s position on why the court should let the case proceed to trial. Judge Faust said he would issue a ruling on the state’s motion to dismiss the case within a few days.
”
“November 9, 2022: Judge Grants State’s Motion to Dismiss
Judge Robert Faust granted the state’s Motion to Dismiss, denying the youth plaintiffs their day in court to present evidence of how the State is harming them in violation of their constitutional rights.
”
“January 3, 2023: Youth Plaintiffs File Notice of Appeal
The youth plaintiffs and their attorneys filed a Notice of Appeal in response to the November 9 ruling by Judge Faust.
”
“March 10, 2023: Utah Supreme Court Retains Appeal of Dismissal
In a rare move reserved for cases of considerable legal importance, the Utah Supreme Court retained a the appeal filed by the seven Utah youth. As a result, the youth’s appeal will now be decided directly by the Utah Supreme Court, rather than the Utah Court of Appeals, signaling the Court’s recognition of the case’s constitutional significance.
”
“September 20, 2023: Youth Plaintiffs File Opening Brief to Utah Supreme Court
The youth plaintiffs and their attorneys filed their opening brief to the Utah Supreme Court explaining why the youth’s case should proceed to trial on the facts and outlining why the November 9, 2022, ruling from Judge Robert Faust was incorrect. The youth’s brief also explains how their allegations show that Utah laws that require the state to maximize fossil fuel development are causing the state’s climate and air quality crises, harming the health and safety of the youth and taking years off their lives in violation of their rights to life and liberty under Utah’s Constitution.”
“TODAY: Briefing the Appeal and Preparing for Oral Arguments
Attorneys for the state will be briefing their response to the youth’s opening brief in the coming weeks, followed by a reply brief from youth plaintiffs, with oral arguments before the Utah Supreme Court anticipated for late 2023 or early 2024.
”