Natalie R. v. State of Utah
Plaintiffs claim that state’s policy of promoting fossil-fuel development violates their substantive due process rights to life and to be free from government conduct that endangers health and safety under the state constitution. Plaintiffs allege that this statutory policy, by contributing to hazardous air quality and climate change, is reducing their lifespans. A trial court dismissed the complaint. On direct appeal, the Utah Supreme Court affirmed dismissal on the ground that the trial court lacked subject-matter jurisdiction but changed that dismissal to without prejudice, so the plaintiffs have an opportunity to refile.
Related Commentary
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.