A group of young people in Utah is suing the state, saying its permitting of fossil fuels violates their rights to life, health, and safety.
The lawsuit, Roberts v. Board of Oil, Gas, and Mining, is being brought in the Third Judicial District Court in Salt Lake City. The defendants are the Utah Division of Oil, Gas, and Mining, along with the agency’s board and its director.
The case is building on a previous climate lawsuit, Natalie R. v. State of Utah, and includes many of the same plaintiffs, whose ages range between 13 and 22. On March 20, 2025, the Utah Supreme Court dismissed the case, saying that the plaintiffs’ claims were rendered moot.
That’s because last year, Utah’s state legislature amended its energy policy. The code used to mandate that Utah “promote the development of nonrenewable energy resources, including natural gas, coal, oil, oil shale, and oil sands.” Renewable energy like geothermal, solar, and wind were also on the list, but were a lower priority than nonrenewables. The 2024 code amendments charged Utah with prioritizing “human well-being and quality of life.”
“In that case, the youth plaintiffs were challenging a broad assertion of state energy policy that was enacted in statute,” said Andrea Rodgers of the initial 2022 case. Rodgers is an attorney and deputy director for U.S. strategy at Our Children’s Trust, a nonprofit that works on youth climate lawsuits.
Rodgers said even though the Supreme Court dismissed the initial case, it left the door open for the plaintiffs to challenge the constitutionality of a specific state action, like a granted permit or a regulatory decision.
“This go-round, they're really following the advice of the Utah Supreme Court,” she said. “They are challenging all of the oil and gas and coal permits that have been issued by these defendants since the date of the Supreme Court decision.”
Since that March 20 date, Rodgers said, Utah has issued 364 permits for oil and gas, and one permit for coal mining.
“The defendants… have been continuing to issue permits without regard for whether or not they're needed in terms of energy development, without regard to the fact that they perpetuate the harms and the poor air quality that the plaintiffs are exposed to, and without regard to the greenhouse gas emissions that are caused by these permits,” Rodgers said.
All ten of the plaintiffs live in counties that have received “F” grades from the American Lung Association for their poor air quality. Rodgers pointed to research that shows fossil fuel extracting and refining had a negative impact on Utah’s air quality.
“Some days I can’t even go outside because the air is so polluted,” Natalie Roberts, one of the youth plaintiffs, wrote in a statement.
In addition, Rodgers said, renewable energy like wind and solar is rapidly becoming cheaper than coal-generated power, especially when it comes to new generation.
“So you’re pursuing a form of energy that not only takes years off the lives of your children, but it’s more expensive than renewable forms of energy.”
In a statement, the Division of Oil, Gas, and Mining said it’s reviewing the lawsuit and will respond through the appropriate legal channels.
“The responsible development of our natural resources, including oil, gas, coal and critical minerals, is essential to modern life and contributes significantly to society’s well-being and advancement,” the statement continues. “The Utah Division of Oil, Gas and Mining is committed to supporting Utah’s rules and laws that regulate these activities to protect the environment and ensure public safety.”
Where does this case fit with other climate lawsuits?
This is just the latest in a series of climate lawsuits happening around the country.
“There's a variety of different theories that folks are using,” Rodgers said.
In Colorado, some municipalities have taken the strategy of suing fossil fuels companies themselves. For example, the city and county of Boulder, as well as San Miguel County, sued Suncor and Exxon Mobil in 2018. Both are seeking monetary damages from the oil and gas giants, saying that they’ve deceived customers about the role of their products in causing climate change.
Some lawsuits, like a recent one in Washington state, are seeking damages from fossil fuel companies for rapidly rising insurance rates caused by climate-related disasters.
While lawsuits that seek compensation from fossil fuel companies can be strategically effective, Rodgers said they shouldn’t be the only legal strategy.
“Frankly, there isn't enough money in the world to pay for climate reparations, given the significance of the impacts,” she said.
Rodgers said this lawsuit is different because it’s focusing on the regulatory behavior and policy from the state government, rather than the fossil fuel companies themselves.
“State courts are recognizing that young people have rights to life, health, safety, that require a stable climate system and require analysis and deep thinking with respect to the greenhouse gas emissions that are coming from fossil fuels,” she said, referencing cases in Montana and Hawai’i.
Youth plaintiffs in Colorado have also taken a similar approach in directing litigation at state regulatory agencies.
“I think Utah can certainly set an example because they do have abundant renewable energy resources,” Rodgers said. “I think they can display leadership, that they want to provide energy to their citizens in a way that doesn't harm them and is the most cost-effective. So I think this will put them to the test and, and the courts will be able to hold them accountable to what's needed to protect these young plaintiffs.”
Copyright 2025 Rocky Mountain Community Radio. This story was shared via Rocky Mountain Community Radio, a network of public media stations in Colorado, Wyoming, Utah, and New Mexico, including Aspen Public Radio.
