Signal Ninth Circuit denies full-court rehearing of youth climate case against Trump executive orders

Summary

On August 10, 2026, the full Ninth Circuit Court of Appeals declined to rehear en banc the constitutional youth climate case Lighthiser v. Trump. This leaves intact a June 2, 2026 unpublished three-judge panel decision that dismissed the case for lack of standing without ruling on the constitutionality of Trump's fossil fuel executive orders. Public Justice, representing the plaintiffs, characterized the ruling as the first circuit court decision in U.S. history to deny judicial review of an executive order on standing grounds. The case was originally filed in May 2025 by 22 young plaintiffs from Montana, Oregon, Hawaii, California, and Florida, represented by Our Children's Trust, the firm behind the earlier Held v. Montana victory. The denial forecloses further review at the circuit level, though plaintiffs could seek Supreme Court review.