Overview
- On Monday, Aug. 11, 2026, the Ninth Circuit declined to rehear Lighthiser v. Trump en banc, leaving intact a three-judge panel decision that found the 22 youth plaintiffs lacked standing.
- The youths, represented by Our Children’s Trust, filed the Montana suit in May 2025 to challenge three early-2025 executive orders from President Trump that aim to expand fossil-fuel development and loosen permitting rules.
- In October 2025 the Montana District Court dismissed the case for lack of jurisdiction even after finding overwhelming evidence that climate change will harm the plaintiffs and calling the situation a children’s health emergency.
- With the en banc denial the Ninth Circuit’s procedural barrier remains the controlling outcome in that circuit, which means the plaintiffs must seek Supreme Court review or a change in law to revive federal judicial review of those orders.
- The decision adds to recent rulings that have rejected climate claims on jurisdictional or standing grounds and will likely shape how future youth-led and constitutional climate lawsuits are filed and argued.