Ninth Circuit Upholds Dismissal of Youth Lawsuit Challenging EPA’s Use of Discounting

Overview

• The appeals court affirmed the trial judge’s ruling that the minors lacked injury, causation, and redressability, and it ended the case without leave to amend.
• Judge Milan Smith wrote the opinion, which Judges Nelson and Gould joined.
• The youths said EPA’s use of “discounting” discriminates against children by valuing future costs and benefits less than present ones.
• Discounting is an economic tool that converts future dollars into today’s dollars so agencies can compare long-term costs and benefits in rulemaking.
• The decision keeps EPA’s approach in place for now, and the plaintiffs can seek rehearing or Supreme Court review as a separate kids climate case heads to argument before another Ninth Circuit panel.