Children's Access to Justice for Environmental Rights | United States

This report looks at whether the laws and policies in the U.S. make it possible for children to access their environmental rights.

The U.S. Constitution does not explicitly reference a right to a clean environment. However, several state constitutions do have such provisions, and state courts have upheld the right to a clean and healthy environment  (e.g., Held v. State of Montana). Although U.S. federal courts have long been resistant to recognition of a right to a clean environment under the U.S. Constitution, in the context of climate change, there has been recent jurisprudence suggesting environmental rights under the Constitution could be recognized (e.g., Juliana v. United States). Navahine v. Hawaii Department of Transportation, a case brought by children, became the first settlement in a constitutional climate case.

Individuals face a number of standing requirements when they go to court. These also apply to children, who need adult representation. In addition, statutes of limitations apply, which vary by state and by law, if specified. Despite the high demand for civil legal aid for cases related to environmental protection, there is no legal aid for public interest litigation. A number of non-profit law firms offer free representation. 

The U.S. has a policy addressing childhood exposure to toxics and a Toxics Release Inventory (TRI), which includes child-specific information, but only relating to children under the age of five. Similarly, the U.S. has a number of laws relating to the environment. However, it remains to be seen how the change of administration in January 2025 will impact this framework.

While the law protects children’s right to peacefully assemble, this does not apply to the public school context, which means that children could face reprisals. Children have freedom of expression, but a notable limitation of that freedom is in the setting of the public school system. A school may censor language that would normally be protected expression elsewhere, so long as the school finds it inconsistent with its basic educational mission, a determination to be made solely by the school board. 

Although there is no official national curriculum, several states, such as New Jersey and Connecticut, have passed laws requiring climate education in schools.

This report was published in January 2025 and developed with the support of Andrea Rodgers from Our Children’s Trust, as well as finalised based on any feedback from the State. To learn more read the full report below, and please get in touch if this information was useful and you want to talk more.