San Diego Journal of Climate & Energy Law
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.
Recommended Citation
Keira Kramer,
No Rights to a Healthful Environment: Children Warrant Class Standing to Inhibit Climate Change Related Harm,
16
San Diego J. Climate & Energy L.
135
(2025)
Available at:
https://digital.sandiego.edu/jcel/vol16/iss0/7