Aji P. v. State of Washington

A "Youth v. Gov" case supported by Our Children's Trust, Aji P. v. State of Washington was filed in Washington state court in 2018. Their complaint asserts that the State, Governor Jay Inslee, and several state agencies, by causing and contributing to climate change through the State’s Fossil Fuel Energy and Transportation policies, have violated the youngest generation’s constitutional rights to life, liberty, property, and equal protection of the law, and has caused impairment of essential public trust resources.

Background
Represented by Our Children's Trust, 13 youth from Washington State filed suit against the government of Washington, arguing that their “fundamental and inalienable constitutional rights to life, liberty, property, equal protection, and a healthful and pleasant environment, including a stable climate system” had been violated by Washington State’s Fossil Fuel Energy and Transportation policies.

The plaintiffs sought declaratory relief and injunctive relief, specifically a declaration that a Washington statute setting greenhouse gas emission reduction targets is invalid because it authorizes dangerous levels of carbon dioxide in violation of the plaintiffs’ rights and an order requiring the State to prepare an accounting of Washington’s greenhouse gas emissions and to develop an “enforceable state climate recovery plan.”

A Washington State Superior Court dismissed the case in 2018 ruling that the case was fundamentally a political question. A Washington State Court of Appeals upheld that dismissal in February 2021.

Relevant Law and Principles

 * Washington State Constitution
 * Public Trust Doctrine

Ruling
The case was dismissed for lack of standing and being a political question.

Takeaways
Like other Public Trust Doctrine cases in the United States, the courts were reluctant to grant standing and ruled that addressing climate change is fundamentally a political question.

Links

 * Sabin Center Database
 * Our Children's Trust Website