This Young Californian is Fighting to Protect Children’s Rights in Equal Protection, Constitutional Climate Suit, Genesis v. EPA
August 16, 2024
Genesis v. EPA youth plaintiffs at a court hearing in Los Angeles. Photo by Robin Loznak
Noah is one of 18 young plaintiffs in the equal protection, constitutional climate lawsuit, Genesis v. EPA seeking to hold the Environmental Protection Agency (EPA) accountable for violating children’s fundamental rights to equal protection of the law and life, by allowing life-threatening levels of fossil fuel climate pollution. The excerpt below is from Noah’s declaration submitted to the court on August 12, 2024, in response to the defendant’s motion to dismiss.
During our first court hearing in our case, it was suggested to us that we could do lobbying and volunteering to make a difference. Having to lobby and volunteer avoids the very thing we are trying to do with this lawsuit—which is to protect our constitutional rights to be treated fairly. It is upsetting to have the main question we are asking to be resolved avoided:
Do we have equal rights that must be protected despite what the political figureheads in power decide?
I am 15 years old and cannot vote. Despite my inability to vote, during my childhood since I was 9 years old, I have tried to do what the Court suggested to us—to advocate for policies that address climate change and its effects. I have been involved in lobbying with an organization, Schools for Climate Action, that helps students engage with the government to address climate change. During the pandemic when I was going into sixth grade, I also lobbied for a Congressional Resolution, S.Con.Res.13/H.Con.Res., recognizing children’s fundamental rights and climate recovery.
In their First Motion to Dismiss, Defendants stated the Court should not hear my case because these constitutional issues should be brought to the political branches of government. Yet I have brought these issues to the attention of Congress for several years.
Though being shut out of the political process and having no right to legally participate in voting is discouraging, I know my rights can still be protected through the courts, which is why I joined in filing this case.
In my experience, adults don’t listen to children as much as they listen to other adults because they think we aren’t mature enough to know what’s going on in the world and what should be done. I have experienced getting the “pat on the head” and then shoved aside by politicians in favor of other priorities. We, as children, are not treated equally in our government’s policies.
EPA makes decisions about pollution based on who is in power and not based on science or what is best for children.
Watching big political figures make decisions about pollution and the world that I have no control over because I can’t vote increases my climate anxiety. I would jump for joy if EPA was required to recognize us as a group of people with valid and equal concerns. It would make me less anxious about my future. We would have equal representation if we were listened to and taken into account fairly.
lf l didn't need to worry about my government's treatment of us and climate pollution, l would be less anxious and do the things I love to do with my family and friends and in nature. It would also be easier to focus on school. It is very difficult to sit in Algebra class one minute and have my rights ignored and the climate crisis worsen the next.
I understand that the Court cannot, on its own, solve the entire climate crisis. But if the Court at least tells EPA that it cannot discriminate against me and other young people, that will make a significant difference, and give us a chance at a life with less harm.
Read Noah’s full declaration here.