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Utah Supreme Court hears youth challenge to statutes directing fossil-fuel development
Summary
The Utah Supreme Court heard oral argument in Roussel v. State, where youth plaintiffs say statutes that direct state agencies to promote fossil-fuel development violate their constitutional rights to life, health and safety; justices probed redressability, ripeness and whether declaratory relief can provide meaningful remedies.
The Utah Supreme Court heard argument in Roussel v. State, a youth-led constitutional challenge alleging that state statutes directing the promotion and authorization of fossil-fuel development harm the plaintiffs’ health and life expectancy.
Andrew Welly, counsel for the youth plaintiffs, told the Court that "Utah's fossil fuel laws are causing serious harms to their personal health and safety and taking years off of their lives," and urged reversal of a dismissal so the claims can proceed to factual development. Welly framed the relief sought as declaratory: a judicial pronouncement that the statutory directives are unconstitutional that would, he said, "fundamentally change the legal landscape" and provide defendants guidance going forward.
Justices pressed Welly on redressability and ripeness. One justice questioned how a declaratory judgment—without injunctive relief—would alter any specific future permitting decision, noting the Court would not be "writing our own policy"…
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