layla h. v. commonwealth of virginia
The parties appeared in court for oral argument in Richmond, Virginia on March 12, 2024, advocating for their right to trial, and on June 26, 2024, Judge Beales at the Virginia Court of Appeals dismissed the youth-led climate case.
Judge Beales ruled the plaintiffs’ due process claims are not barred by sovereign immunity, affirming that the Commonwealth, Governor, and state agencies are not, in fact, immune from suits for violating fundamental rights to life and liberty—rights protected by the Virginia Constitution’s Bill of Rights.
At the same time, the Court ruled that plaintiffs’ jus publicum (public trust) claims are barred by sovereign immunity (meaning the state cannot be sued), and that plaintiffs do not have standing to bring suit. The Court wrongly held that plaintiffs’ harms were too general; that the Commonwealth’s actions do not cause plaintiffs’ injuries; and the Court wrongly concluded that a ruling in plaintiffs’ favor would not provide a remedy.
“The Court’s decision on standing illustrates the importance of trial, where facts and science will prove, as they did in Held v. State of Montana, that these young people have experienced and will continue to experience increasingly disproportionate damages to their lives, liberty, and property as a direct result of governments’ continued, affirmative investments in climate change causing fossil fuels. A prompt reduction in Virginia's emissions would make a measurable difference in the lives of young Virginians.” - Our Children’s Trust Supervising Senior Staff Attorney Nate Bellinger
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: