In 2015, 21 young Americans filed their constitutional climate lawsuit, Juliana v. United States, against the U.S. government. Their complaint asserts that, through the government's affirmative actions that cause climate change, it has violated the youngest generation’s constitutional rights to life, liberty, and property, as well as failed to protect essential public trust resources.

On June 1, 2023, U.S. District Court Judge Ann Aiken ruled in favor of the 21 youth plaintiffs, putting their constitutional climate case back on the path to trial. However, as the U.S. DOJ continues to aggressively file motions to delay or dismiss the case instead of fulfilling the Biden Administration’s promises to work with youth for climate justice, attorneys for both sides will continue briefing the same legal issues that have already been addressed by the courts multiple times. Judge Aiken’s ruling on recent motions filed by both the plaintiffs and the DOJ can be expected in the coming months.

On July 13, 2023, Senator Merkley and Representatives Schakowsky and Jayapal reintroduced the Children’s Fundamental Rights and Climate Recovery resolution (S.Con.Res.13, H.Con.Res.56). This exciting congressional concurrent resolution supports the principles underpinning Juliana v. United States and children’s rights to a climate system capable of sustaining human life, its organizational endorsers, and cosponsors.