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Climate Change

Ninth Circuit Dismisses Kids Climate Case Against Discounting in Cost-Benefit Analysis

The kids climate cases continue to have standing problems in federal court.

Jonathan H. Adler | 4.10.2026 3:01 PM

Today the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of the G. B. v. U.S. EPA kids climate suit. The court seemingly had no trouble resolving this case, as it was only argued on March 5.

In this suit the plaintiffs argued, among other things, that the practice of discounting in assessing the threat of climate change is unconstitutional as it discriminates against younger people and future generations. The court did not reach the substance of this claim, concluding the plaintiffs lacked standing. Specifically, the panel found that the plaintiffs could not satisfy any of standing's three elements.

Of note, the Ninth Circuit dismissed the case without leave to amend the........

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