Recently, District Court Judge Michael Fitzgerald of the Central District of California made a decision to dismiss the Genesis B. v. Environmental Protection Agency case, commonly referred to as a “kids climate suit” against the federal government. Similar to the Juliana case, the plaintiffs argued that the government has a constitutional obligation to take stronger measures to address greenhouse gas emissions.
One of the key arguments in the Genesis case was that failing to consider future climate change harms equates to age discrimination under the Equal Protection clause. Despite the ambitious nature of these arguments, the plaintiffs encountered a significant hurdle in establishing federal court jurisdiction for their claims.
In his order, Judge Fitzgerald pointed out the similarities between this case and the Juliana case, which was dismissed by the Ninth Circuit due to standing issues. However, Judge Fitzgerald did allow the plaintiffs to amend their claims, providing them with an opportunity to revise their arguments. It remains to be seen whether the amended complaint will lead to a different outcome.
