Lighthiser v. Trump, 22 Young Americans Suing the President Over Fossil Fuel Executive Orders Here Is Where the Case Stands

On May 29, 2025, Our Children’s Trust, in partnership with Gregory Law Group, McGarvey Law, and Public Justice, filed Lighthiser v. Trump on behalf of 22 youth from Montana, Oregon, Hawai’i, California, and Florida, asserting their constitutional rights to life, health, and safety. The youth-led constitutional rights lawsuit challenges the Trump administration’s executive orders that “unleash” fossil fuels, undermine clean energy, and suppress climate science — orders the plaintiffs say exacerbate the climate crisis and directly harm their lives. The district court dismissed the case in October 2025. The plaintiffs appealed, and the case is now before the U.S. Court of Appeals for the Ninth Circuit, where a ruling is expected in the coming months.

Lighthiser v. Trump — Quick Facts

Field	Detail
Lawsuit Filed	May 29, 2025
Lead Plaintiff	Eva Lighthiser, 20, Livingston, Montana
Total Plaintiffs	22 youth, ages 7–25, from Montana, Oregon, Hawai’i, California, and Florida
Defendants	President Donald J. Trump; U.S. Departments of Energy, Transportation, EPA, NASA, and multiple other federal agencies
Alleged Violation	First, Fifth, and Fourteenth Amendment constitutional rights to life, liberty, and health
Executive Orders Challenged	EO 14154 (“Unleashing American Energy”); EO 14156 (“National Energy Emergency”); EO 14261 (coal industry revival)
District Court Ruling	Dismissed October 15, 2025 — lack of jurisdiction (Judge Dana L. Christensen, D. Mont.)
Current Court Stage	On appeal — U.S. Court of Appeals for the Ninth Circuit, Case No. 25-6714
Oral Arguments	Heard April 13, 2026, Pioneer Courthouse, Portland, Oregon
9th Circuit Decision	TBD — expected in coming months
Lead Law Organizations	Our Children’s Trust; Public Justice; Gregory Law Group; McGarvey Law
Official Case Page	ourchildrenstrust.org/lighthiser-v-trump
Last Updated	May 21, 2026

What Is the Lighthiser v. Trump Lawsuit About?

Eva Lighthiser is not new to this fight. She was one of the youth plaintiffs who won the landmark Held v. Montana case — a state constitutional climate trial that the Montana Supreme Court upheld in December 2024. That victory established that Montana’s constitution protects residents’ right to a clean and healthful environment. But the state constitution’s language does not reach the federal government.

So Lighthiser and 21 fellow young Americans took the next step. The plaintiffs argue three of Trump’s executive orders issued to “unleash” the fossil fuel industry and remove climate protections threaten their constitutional rights to life and liberty. The lawsuit states: “President Trump’s EOs falsely claim an energy emergency, while the true emergency is that fossil fuel pollution is destroying the foundation of Plaintiffs’ lives.”

The case specifically challenges Executive Order 14154 to “Unleash American Energy,” Executive Order 14156 declaring a national “energy emergency,” and Executive Order 14261 trying to revive the coal industry. The plaintiffs argue these orders — and the federal agencies implementing them — violate their constitutional rights under the First, Fifth, and Fourteenth Amendments.

In the suit, the plaintiffs list harms experienced in their young lives related to climate change, including from longer wildfire seasons that affect their health, increasingly extreme weather patterns that affect their livelihoods, and changes to their local environments. The suit also mentions the executive orders’ effect on decreasing career opportunities for some plaintiffs, through canceled climate science research and study programs.

The lead plaintiff, Eva Lighthiser, said Trump’s executive orders amount to “a death sentence for my generation.” She added: “I’m not suing because I want to — I’m suing because I have to. My health, my future, and my right to speak the truth are all on the line.” This case sits within a broader wave of youth-driven environmental damage lawsuit litigation that Our Children’s Trust has pursued in federal courts for years, including the earlier Juliana v. United States case, which the Ninth Circuit dismissed for lack of standing in 2020.

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Are You Part of the Lighthiser v. Trump Lawsuit?

This is not a class action — you cannot join it. The 22 named plaintiffs are suing on behalf of themselves and, by extension, their generation. But understanding who is affected by the executive orders at the heart of this case matters to anyone who lives in America.

You may be directly affected by the challenged executive orders if:

• You live in a community experiencing more frequent or severe wildfires, flooding, drought, or extreme heat
• You work in or are studying for a career in renewable energy, climate science, or environmental research — fields targeted by the executive orders
• You are a young person whose long-term health, property, or livelihood is tied to environmental conditions that climate change worsens
• You live in Montana, Oregon, Hawai’i, California, or Florida — states where several named plaintiffs have documented direct, personal harm

You are not a plaintiff in this case if:

• You were not one of the 22 individuals named in the complaint filed May 29, 2025
• You have not been identified by Our Children’s Trust as a client in this specific litigation

If you believe your constitutional rights are being violated by federal energy or climate policy and want to explore your own legal options, Our Children’s Trust accepts inquiries at ourchildrenstrust.org.

What Are the Lighthiser Plaintiffs Seeking From the Court?

The plaintiffs are not asking for a cash settlement or legal settlement payout. They are asking the federal court system to do something it has never done: declare that the U.S. Constitution protects young people from government actions that knowingly worsen the climate crisis, and block the three executive orders from being implemented.

The plaintiffs filed in the U.S. District Court for the District of Montana to challenge a coordinated set of executive orders. The plaintiffs assert their constitutional right to life, liberty, and argue the orders represent an abuse of executive power.

The district court found it plausible that these actions would cause grave harm to the health and wellbeing of children, but determined it was powerless to stop them, as doing so would tread into the realm of policymaking reserved for the political branches. Judge Christensen dismissed the case in October 2025, citing the Ninth Circuit’s earlier Juliana precedent — which held that courts cannot effectively monitor and pass judgment on executive energy policy.

On appeal to the Ninth Circuit, eight amicus briefs were filed in support of the youth plaintiffs by former senior U.S. government officials, legal scholars, climate scientists, faith leaders, children’s rights scholars, and environmental law experts. The plaintiffs argue the Juliana precedent should not apply here because they are challenging specific executive orders with immediate effects — not asking a court to oversee all of federal energy policy.

No money is available and no claim form exists. This case lives or dies on constitutional interpretation.

What Should You Do If You Care About This Case?

Most people following Lighthiser v. Trump are not plaintiffs — they are observers, supporters, or people affected by the same policies. Here is what you can do right now:

• Follow the Ninth Circuit decision — a ruling is expected in the coming months. Check ourchildrenstrust.org/lighthiser-v-trump for official updates as soon as they are posted.
• Understand your own rights — if you believe a federal, state, or local government action is harming your health or constitutional rights in connection with climate or environmental policy, a consumer rights lawyer or public interest law organization can advise you.
• Save documentation — if you have experienced wildfires, flooding, or other climate-related harms connected to federal land or energy decisions, document those experiences. They could be relevant if future litigation opens up.
• Do not expect immediate relief — even if the Ninth Circuit reverses the dismissal and allows the case to proceed on the merits, final resolution through the courts could take years.

Lighthiser v. Trump — Case Timeline

Milestone	Date
Held v. Montana won at Montana Supreme Court	December 18, 2024
Lighthiser v. Trump filed in U.S. District Court for the District of Montana	May 29, 2025
Two-day hearing before Judge Dana L. Christensen in Missoula	September 16–17, 2025
District court dismisses case for lack of jurisdiction	October 15, 2025
Notice of appeal filed to Ninth Circuit (Case No. 25-6714)	October 23, 2025
Eight amicus briefs filed in support of plaintiffs at Ninth Circuit	January 21, 2026
Oral arguments heard before three-judge Ninth Circuit panel in Portland	April 13, 2026
Ninth Circuit decision expected	TBD — expected in coming months per Our Children’s Trust
Potential further appeal or trial on the merits	TBD — pending Ninth Circuit ruling

Frequently Asked Questions — Lighthiser v. Trump

Is there a class action lawsuit against Trump over fossil fuel executive orders?

No. Lighthiser v. Trump is a constitutional civil rights lawsuit, not a class action. It was filed on behalf of 22 named youth plaintiffs from Montana, Oregon, Hawai’i, California, and Florida by Our Children’s Trust and co-counsel. You cannot join it, and there is no claim form.

Do I need to do anything right now to be included in this lawsuit?

No. This is not a lawsuit where the general public can participate. If you want to support the case, follow updates at ourchildrenstrust.org and consider contacting the organization if you believe you have your own constitutional climate claim.

What happened at the April 13, 2026 Ninth Circuit hearing?

A three-judge Ninth Circuit panel expressed skepticism toward both sides during oral arguments. The federal government’s attorney derided the lawsuit as “another climate change case with sprawling and speculative legal theories” and argued the plaintiffs lack standing. The panel has not yet issued a ruling.

When will a decision come in the Lighthiser case?

A decision from the Ninth Circuit is expected in the coming months. Ninth Circuit panels typically issue decisions within three to six months of oral arguments, though timelines vary.

Can I file my own lawsuit against Trump over climate policy?

You may have legal standing to challenge specific federal actions if you can show concrete, personal harm tied to a particular government decision — a permit, a rule, a contract. General climate harm is harder to establish. A class action lawsuit attorney or public interest consumer rights lawyer can evaluate your specific situation.

What is Eva Lighthiser’s background and why does she matter to this case?

Eva Lighthiser was previously a plaintiff in the landmark Held v. Montana case, which prevailed in Montana District Court and, in late 2024, in the Montana Supreme Court. Now 20, she banded together with 21 fellow young Americans and filed a bolder, bigger climate suit targeting the Trump administration directly. As lead plaintiff, her name anchors the case — and her personal story of living through wildfires and environmental change in Livingston, Montana, drives its factual foundation.

What is Our Children’s Trust and who is representing the plaintiffs?

Our Children’s Trust is an Oregon-based advocacy law firm that has brought a series of youth-led climate change lawsuits, including Juliana v. United States and the landmark Held v. Montana case. They are co-counsel here alongside Gregory Law Group, McGarvey Law, and Public Justice.

Sources & References

1. Our Children’s Trust — official case page: ourchildrenstrust.org/lighthiser-v-trump
2. Court docket: Lighthiser et al. v. Trump et al., Case No. 2:25-cv-00054-DLC (D. Mont.); Appeal No. 25-6714 (9th Cir.)
3. Public Justice — case brief and amicus brief announcement (January 21, 2026)
4. Montana Free Press: Constitutional Climate Litigation Lands Before 9th U.S. Circuit Court of Appeals (January 13, 2026)
5. Daily Montanan: Montana Youth Argue for 9th Circuit Court to Allow Climate Change Case to Proceed (April 13, 2026)
6. Inside Climate News: Montana Court Dismisses Youth-Led Lawsuit Challenging Trump Executive Orders (October 2025)

Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official case records and Our Children’s Trust case documentation on May 21, 2026. Last Updated: May 21, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.