Venner v. U.S. Environmental Protection Agency

Date of Application:	Wed, 18 Feb 2026
Decision Making Body:	United States Court of Appeals
Law Applied:	Fifth Amendment (Due process, equal protection) to the United States Religious Freedom Restoration Act
Keywords:	Right to Life, Right to Liberty, Free Exercise of Religion, GHG Emissions, EPA, Administrative Procedure Act
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Venner v. U.S. Environmental Protection Agency, No. 26-1038 (D.C. Cir. filed 18 Feb. 2026)

At issue: Youth plaintiffs’ petition for review challenging the U.S. Environmental Protection Agency’s decision to revoke the 2009 Endangerment Finding and related greenhouse gas regulations, alleging violations of the Clean Air Act and constitutional rights.

Youth Plaintiffs Filed Petition for Review Alleging EPA’s Revocation of Endangerment Finding Violates Statutory and Constitutional Protections. Youth plaintiffs filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit challenging the U.S. Environmental Protection Agency’s (EPA) decision to rescind the 2009 Endangerment Finding and dismantle regulations limiting greenhouse gas emissions under the Clean Air Act. The plaintiffs allege that the EPA’s actions are unlawful, arbitrary, and capricious, as they disregard overwhelming scientific evidence demonstrating that greenhouse gas emissions endanger public health and welfare. The plaintiffs further contend that the EPA’s rollback of climate protections will result in increased emissions, exacerbating climate change and causing concrete and particularized harms to young people, including impacts on their health, safety, economic stability, and future family life. In addition to statutory claims under the Clean Air Act, the plaintiffs assert constitutional violations, arguing that the EPA’s actions infringe upon their fundamental rights to life and liberty under the Fifth Amendment. The petition also includes claims under the First Amendment’s Free Exercise Clause, alleging that climate change and environmental degradation interfere with the plaintiffs’ ability to practice their religious beliefs and traditions. The plaintiffs seek to reverse and vacate the EPA’s decision and restoration of the regulatory framework necessary to limit greenhouse gas emissions.

Venner v. EPA — Our Children's Trust

Court documents: 

Complaint

Related CRC articles

• 6. Right to life, survival and development (CRC Article 6)
• 24. Right to health, healthcare, and a healthy environment (CRC Article 24)
• 30. Right to minority culture, language, religion (CRC Article 30)

The youth petitioners assert three core constitutional claims:  

Violation of the Right to Life (Fifth Amendment): The rule’s rescission of the Endangerment Finding will increase GHG pollution, which in turn harm the youths’ health, safety, and longevity; increases vulnerability to heat stress on organs, respiratory injury, and long-term harm to the enjoyment of life. 

Violation of the Right to Liberty (Fifth Amendment): Liberty interests include personal security, bodily integrity, dignity, the ability to form families, engage in cultural practices, and pursue happiness. Rescinding the finding endangers the youths’ ability to live safely and interferes with foundational aspects of liberty. 

Violation of Free Exercise of Religion (First Amendment): The final rule burdens petitioners’ ability to practice religion and engage in culturally intertwined spiritual practices, which rely on a livable environment.  

Involvement of children in hearings

• Written presentation

Venner v. EPA — Our Children's Trust

Outcome of decision for the applicants

• Decision pending

Involvement of NGO/law firm in application

Our Children's Trust

Available information on how children got involved in the litigation

Venner v. EPA — Our Children's Trust

Age range of litigants

• Other (Under 25)

Number of children or youth involved

18