Podesta’s appearance as an ‘expert witness’ was unable to salvage the case brought by 22 children against Trump
An Obama-appointed judge in Montana dismissed with prejudice a high-profile lawsuit a group of 22 children brought against the Trump administration, accusing it of pursuing energy policies that will worsen global warming and, as a result, threaten their lives.
The plaintiffs argued that three energy-focused executive orders President Trump signed shortly after taking office violate their Fifth Amendment rights to life and liberty by worsening pollution that threatens their health and futures. They said the actions escalate “climate-related dangers” and infringe upon their rights to personal security.
Their complaint asked the federal district court in Montana to block implementation of the executive orders, something that would have potentially erased hundreds of policies a dozen separate federal agencies have announced since Trump took office. In effect, the complaint sought to reverse Trump’s energy agenda.
John Podesta, who oversaw former president Joe Biden’s climate agenda, testified before the court in support of the lawsuit as an “expert witness” last month. During his nearly two-hour testimony, Podesta argued Trump’s orders are illegal, took personal digs at Trump, and blasted federal policies benefiting the oil industry, the Washington Free Beacon reported.
In his order Wednesday, however, Judge Dana Christensen wrote that the lawsuit “amounts to hundreds of lawsuits” bundled in a single case. He said the courts lack the authority to block the executive orders.
“While this court is certainly troubled by the very real harms presented by climate change and the [executive orders’] effect on carbon dioxide emissions, this concern does not automatically confer upon it the power to act,” he wrote.
“Plaintiffs are effectively asking that this court order the United States to return to the environmental policy of the previous administration,” Christensen continued, noting that such an injunction would not prevent the Trump administration from still pursuing its agenda to prioritize fossil fuels and suppress green energy using other means.
The ruling is a setback for climate activists who hoped the case could dismantle Trump’s efforts to boost oil, gas, and coal production while rolling back policies favoring the green energy industry. It’s also a black eye for Podesta, whose attempt to thwart the Trump administration appears to have fallen flat.
The Oregon-based left-wing nonprofit Our Children’s Trust filed the lawsuit on behalf of the 22 child plaintiffs in the U.S. District Court for the District of Montana in May 2025. Lead plaintiff Eva Lighthiser, a 19-year-old hiker, said at the time that Trump’s executive orders are a “death sentence for my generation.”
On Wednesday, Our Children’s Trust announced it would appeal Christensen’s ruling. “Every day these executive orders remain in effect, these 22 young Americans suffer irreparable harm to their health, safety, and future,” said Julia Olson, the lead attorney for the plaintiffs.
In a statement to the Free Beacon, Montana attorney general Austin Knudsen (R.), who led a coalition of 19 states that intervened in the case on behalf of the federal defendants, said the ruling confirms his suspicions that the case was a “show trial contrived by climate activists who wasted the taxpayers’ money.”
“We’re pleased the rule of law prevailed today and that the judge agreed with our conclusion that he did not have jurisdiction over this case,” Knudsen said. “Ultimately, the court rejected the plaintiffs’ request to force the Trump administration to revert to Biden’s nonsensical and unpopular policies.”
In addition to Trump, EPA administrator Lee Zeldin, Interior Secretary Doug Burgum, Energy Secretary Chris Wright, Health Secretary Robert F. Kennedy Jr., and a slew of other top administration officials were named as defendants.
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