A group of 18 California children, ranging in ages from 8 to 17, have filed a new constitutional climate case against the United States Environmental Protection Agency (EPA). The case, known as Genesis B. v. United States Environmental Protection Agency, accuses the EPA of intentionally allowing planet-warming pollution to come from regulated sources, such as vehicles, heavy-duty trucks, power plants, and oil and gas wells.

The lawsuit, filed in the US District Court in the Central District of California on Sunday night, alleges that the EPA has been aware of the harm caused to children's health and welfare by this pollution but has failed to take appropriate action. It follows the success of a previous constitutional climate case brought forward by youth plaintiffs in Montana earlier this year.

The defendants in the case include the current EPA Administrator Michael Regan, who is leading the agency's efforts to combat planet-warming pollution. However, an EPA spokesperson, Timothy Carroll, expressed that the agency cannot comment on the pending litigation but highlighted the EPA's commitment to addressing the climate crisis with urgency, citing recent regulations targeting the super-pollutant methane.

The children involved in the case have stated that they have directly experienced the effects of climate change in their lives, such as wildfires, extreme heat, and floods. They voiced their concerns about the slow response to the climate crisis and emphasized their right to a safe and healthy environment as guaranteed by the US Constitution.

The youth plaintiffs, represented by the law firm Our Children's Trust, are determined to have the case proceed to trial. Our Children's Trust previously won a high-profile climate case in Montana's state court, which ruled that continued fossil fuel development violated the state constitution's clause guaranteeing a "clean and healthful environment." The state attorney general's office is currently appealing the ruling to the Montana Supreme Court.

While the victory at the state level was significant, federal climate cases have proven more challenging to bring to trial. Our Children's Trust is also pursuing another federal climate case, Juliana v. United States, which alleges that the federal government's activities supporting fossil fuel development violate the constitutional rights of young people. The plaintiffs hope that the Juliana case will go to trial by spring 2024.

The Genesis B. v. United States Environmental Protection Agency case highlights the long-standing issue of climate change and the role of federal agencies in addressing it. As the litigation unfolds, the outcome of these cases could have far-reaching implications for future environmental policies and regulations in the United States.