A group of young climate activists is fighting to have courts step in to block President Trump’s executive orders promoting fossil fuel production.

A federal judge in Montana will hear arguments on Tuesday and Wednesday over granting a preliminary injunction to block a series of Mr. Trump’s executive orders meant to “unleash” American energy production. The judge will also hear arguments on a motion to dismiss the case. 

In May, a left-wing group, Our Children’s Trust, filed a lawsuit on behalf of 22 plaintiffs between the ages of 7 and 24 from California, Florida, Hawaii, Montana, and Oregon who say the Trump administration’s policies are a “death sentence” for their generation. 

Ten of the plaintiffs were involved in a 2023 lawsuit that alleged Montana’s law that prohibits lengthy environmental impact reviews when planning new energy projects, such as the construction of a power plant, is unconstitutional. A lower state court sided with the plaintiffs, and Montana’s supreme court upheld the decision in a 6-1 vote, ruling that the plaintiffs have a “fundamental constitutional right to a clean and healthful environment.”

The Trump executive orders challenged by the plaintiffs in the current lawsuit involve policies aimed at accelerating the production and transportation of crude oil, natural gas, and coal, as well as the necessary infrastructure to support those efforts. The lawsuit also challenges the administration’s removal of climate information on federal websites.

The plaintiffs allege that the policies violate the Fifth Amendment and their right to life. The lead plaintiff, Eva Lighthiser, said in a statement about the lawsuit, “Trump’s fossil fuel orders are a death sentence for my generation.”

“I’m not suing because I want to—I’m suing because I have to. My health, my future, and my right to speak the truth are all on the line. [Mr. Trump is] waging war on us with fossil fuels as his weapon, and we’re fighting back with the Constitution,” Ms. Lighthiser said. 

The CEO of the right-leaning American Energy Institute, Jason Isaac, told the Sun, “This lawsuit is nothing more than a political stunt dressed up as legal action. President Trump’s executive orders are about restoring American energy dominance, lowering costs for families, and securing reliable power for future generations.”

Mr. Isaac added, “These activists are not victims; they are pawns in a coordinated legal campaign to shut down the U.S. energy industry through the courts. Courts have repeatedly rejected similar attempts by Our Children’s Trust, and for good reason. Policymaking belongs to Congress and the president, not to unelected judges. The American people, not activist lawyers, should decide the future of American energy.”

Montana and 18 other states have filed a motion in support of the Trump administration’s motion to dismiss the lawsuit, arguing that the plaintiffs do not have standing. 

Our Children’s Trust faced a setback in its novel efforts to alter climate and energy policy in America. In March, the group suffered a blow when the Supreme Court declined to review a lawsuit against the federal government that was dismissed by a lower court. The suit, Juliana v. U.S., sought to blame the government for what it says is a climate crisis because of its energy policies and to force officials to develop a “climate recovery plan” to severely curb greenhouse emissions.

While Our Children’s Trust seeks to curb fossil fuel production by forcing changes to America’s energy policies through the courts, other groups are seeking to punish energy producers with lawsuits that critics say are meant to cripple them financially. 

In May, plaintiff Misti Leon filed a first-of-its-kind wrongful death lawsuit against seven oil companies, which she alleged were responsible for the 2021 heat wave that contributed to her mother’s death. A left-wing law firm, Public Citizen, says Ms. Leon’s lawsuit might “help lay the groundwork for another approach to climate accountability: criminal homicide prosecutions.”

Dozens of states and cities have filed lawsuits against oil producers, hoping to extract millions of dollars in damages for their alleged roles in climate change. Many of those lawsuits are being filed by the Center for Climate Integrity, which has received millions of dollars from left-wing donors. 

So far, no lawsuits seeking to hold oil companies liable for climate change have made it to trial, as they have typically been dismissed by judges. In August, a judge in South Carolina dismissed a lawsuit brought by the city of Charleston, finding that the city did not have grounds to sue. 

However, in recent months plaintiffs have made progress in getting closer to a trial. In May, Colorado’s supreme court ruled 5-2 in favor of the city and county of Boulder, rejecting arguments from oil companies that federal law prohibited their climate liability lawsuit. It is possible that a trial in the case could start as early as 2026 or 2027. The defendants, ExxonMobil and Suncor Energy, have petitioned the U.S. Supreme Court to review the ruling by Colorado’s high court.