layla h. v. commonwealth of virginia
On February 11, 2025, the plaintiffs and their attorneys presented their case before the Virginia Supreme Court, urging the Court to grant their Petition for Appeal and overturn a lower court ruling that dismissed their constitutional and jus publicum (public trust) claims against the Commonwealth. However, on February 25, 2025, the Virginia Supreme Court denied the 12 young plaintiffs’ appeal without any explanation other than to defer to the Court of Appeals.
Nate Bellinger, lead attorney to the plaintiffs said, “The Virginia Supreme Court’s decision demonstrates a troubling misunderstanding of the law and the serious constitutional and public trust issues at hand. The Court of Appeals’ ruling, which the Supreme Court has now upheld, is an abdication of the judiciary’s duty to act as a check on the political branches, which has been bedrock constitutional law in Virginia for nearly 250 years. The Court’s failure to recognize the grave injuries Virginia’s children are experiencing, at the hand of their own government’s actions to exacerbate the climate crisis, is deeply concerning. The ruling undermines the ability of Virginians, particularly vulnerable communities, to hold their government accountable for its actions that endanger their futures. While a disappointing outcome, we remain resolute in our determination to fight for climate justice for the youth plaintiffs and all children.”
Current Status
On February 9, 2022, 12 youth from across Virginia filed their constitutional climate lawsuit against the Commonwealth of Virginia, Layla H. v. Commonwealth of Virginia. The case argues that the Commonwealth’s historic and ongoing permitting of fossil fuels is causing and contributing to the climate crisis, and violating the plaintiffs’ constitutional rights. The youth plaintiffs assert that Virginia has violated its public trust duty to protect elements of the public domain, including atmosphere, required to preserve constitutional rights. They also assert that the Commonwealth of Virginia continues to rely primarily on fossil fuels as its main energy source and is thereby exacerbating climate change by polluting the atmosphere with excessive greenhouse gas emissions.
The youth plaintiffs are represented by Nate Bellinger, Andrew Welle, and Joanna Zeigler with Our Children’s Trust and Isak Howell, Attorney at Law.
major moments timeline
The following is a timeline of major moments, filings, and rulings in Layla H. v. Commonwealth of Virginia from February 2022 to today: