No Rights to a Healthful Environment: Children Warrant Class Standing to Inhibit Climate Change Related Harm

Current laws in the United States stand at odds with children’s interests in a clean and healthful environment. Children deserve a healthful environment because of their constitutional right to life. This Article will analyze why courts have denied children’s right to a healthful environment. State and federal Courts have found that the environmental rights of children are a political question and, therefore, that children do not have standing to sue under the theory that they have a right to a healthy climate. This Article suggests that the courts are the best area of law for redressability for children affected by their environment and that children should have standing to sue.

Publication Details

Journal
Digital USD (University of San Diego)
Published
2025-04-30
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

No Rights to a Healthful Environment: Children Warrant Class Standing to Inhibit Climate Change Related Harm

Digital USD (University of San Diego)
Environmental law and policy
article

No Rights to a Healthful Environment: Children Warrant Class Standing to Inhibit Climate Change Related Harm

article en

Abstract

Current laws in the United States stand at odds with children’s interests in a clean and healthful environment. Children deserve a healthful environment because of their constitutional right to life. This Article will analyze why courts have denied children’s right to a healthful environment. State and federal Courts have found that the environmental rights of children are a political question and, therefore, that children do not have standing to sue under the theory that they have a right to a healthy climate. This Article suggests that the courts are the best area of law for redressability for children affected by their environment and that children should have standing to sue.

Digital USD (University of San Diego)
Climate action
Openalex Percentile: Top 34%
Environmental law and policy
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No Rights to a Healthful Environment: Children Warrant Class Standing to Inhibit Climate Change Related Harm · Digital USD (University of San Diego) (2025) | TGRS Research Map | TGRS