Category Archives: The Sink or Swim Project

Why I’ve Sued President Trump & His Administration

“Trump’s fossil fuel orders are a death sentence for my generation.”
Eva Lighthiser, Youth Plaintiff

I’ve often said that our global climate change crisis is the greatest challenge that today’s youth generations will ever face, and how we deal with it will define our time here on Earth. Unfortunately, since re-taking office early this year, America’s new President and his Administration have knowingly escalated our climate crisis by irresponsibly supporting a reckless increase in fossil fuel production, suppressing climate science (and scientific research in general), and blocking productive solutions to the problem in alarming, shortsighted ways that deeply damage our environment, citizens, and people around the world.

With Trump’s evolving environmental travesty in mind, I am pleased to share that young people all over our great country are fighting back and am proud to announce that last week (May 29, 2025) I joined 21 brave, young Americans in suing U.S. President Donald Trump and the Trump Administration in federal court in hopes of stopping his assault on our environment and citizens. Our lawsuit targets not only the President but various applicable agencies and departments within his Administration including the Executive Office of the President, Office of Management and Budget, Environmental Protection Agency, Department of Energy, Department of Interior, Department of Transportation, National Aeronautics and Space Administration, Department of Commerce, National Oceanic and Atmospheric Administration, National Science Foundation, and National Institute of Health.

Our new case, Lighthiser v. Trump, is what’s called a constitutional rights lawsuit designed to challenge the Trump Administration’s stated desire to “unleash fossil fuels” through a disturbing series of Executive Orders that accelerate fossil fuel expansion while blocking wind and solar energy, storage, efficiency, and electric vehicles, intensifing our climate emergency and suppressing critical climate science. My fellow plaintiffs and I are making two constitutional claims based on (1) violations of our rights to life and liberty under the Fifth Amendment and (2) executive overreach, which in legal terms is considered “ultra vires,” meaning the president has exceeded the legal limits of his power.

Our lawsuit primarily focuses on three of President Trump’s recent Executive Orders, including:

1. Executive Order 14154 “Unleashing American Energy“: The President’s Executive Order directs the federal government to “unleash fossil fuels” and block renewable energy efforts, including renewable energy storage and efficiency measures, as well as electric vehicles. It also directs his Administration to suppress science, remove it from government websites, and block the study, research, and dissemination of climate-oriented science and its solutions, amongst other nefarious steps.

The attack on our climate and environment over the first four months of the Trump presidency has been nothing short of savage. By one account, the Trump Administration has taken 140 actions to reduce or eliminate environmental rules so as to increase the use of fossil fuels since Inauguration Day.

Over the course of 24 hours in March of this year, for example, the Trump administration’s Environmental Protection Agency issued 31 actions designed to reduce pollution regulations on cars, trucks, and power plants, while also announcing that it would reevaluate its stance on whether fossil fuel emissions endanger public health. The President’s new EPA Administrator celebrated that day’s work by announcing that he was “driving a dagger into the heart of the climate religion,” and called it “the most consequential day of deregulation in American history.” Comments such as these from the person supposedly charged with protecting our environment and public health surely mark one of America’s saddest days, shocking people around the world. 

2. Executive Order 14156 “Declaring a National Energy Emergency“: On his first day in office earlier this year, President Trump declared a national energy emergency designed to dramatically loosen a variety of existing laws and regulations that otherwise limit his administration’s ability to increase the production and use of fossil fuels.

Facts and the truth matter. And the truth is that America is facing a dire climate emergency, but is NOT suffering from a national energy emergency. Consider the following:

A) The United States produces more energy than it consumes. Year over year, America has a surplus in energy production. 

B) The United States produces more oil than any nation in the world, and that has been the case for many years. 

C) The United States produces more natural gas than any nation in the world, and that has also been the case for several years. America produces twice as much natural gas as Russia, the world’s second-largest producer.

D) The United States is the world’s largest exporter of gasoline, the world’s largest exporter of natural gas, and the fourth-largest exporter of coal.

3. Executive Order 14261 “Reinvigorating America’s Beautiful Clean Coal Industry“: This Executive Order intends to effectively increase coal production and use here in the United States.

President Trump has long been fixated on reviving the American coal industry to its past prominence, despite the fact that the country (and much of the world beyond) has been actively transitioning away from burning coal as an energy source for decades.

Two decades ago, coal accounted for approximately 50% of America’s energy; yet, according to the U.S. Energy Information Administration, it now produces just 16.2% of our energy. Natural gas has significantly displaced coal and now accounts for 43.1% of our energy, while renewable energy sources, such as hydro, solar, and wind, continue to grow rapidly and currently account for 21.4% of America’s energy.

Even the coal industry largely knows it is a dying business. Existing American coal plants are antiquated relics that have operated, on average, for 53 years, yet the industry has not built a single new coal plant (thankfully) since 2013. In February 1985, the coal industry employed 173,000 people, according to the U.S. Bureau of Labor Statistics. However, as of March 2025, that figure has declined to just 41,200 people.

“Having young people rise up at a time when democracy is threatened and when there’s retaliation against so many people in this country for standing up against the administration, that is success. It’s about having the bravery to bring claims in the court, of not being afraid to use their rights.”
Julia Olson, Lead Lawyer for Lighthiser v. Trump & Founder of Our Children’s Trust

My friends and I believe that each of the President’s Executive Orders are unconstitutional and violate our fundamental rights to life and liberty, including our rights to health and safety and our access to state public trust resources, which are protected by the 5th Amendment of the U.S. Constitution. Federal governmental actions that unleash fossil fuels and debilitate the Environmental Protection Agency from performing the job it was created to do, that terminate the National Climate Assessment, and that cut or defund scientific research are (to again use a term from my law school education) “ultra vires,” meaning beyond the President’s constitutional and statutory power and, thus, are not legal.

With this in mind, rather than allow our nation to regress towards its polluting past or face “an environmental death sentence,” as Eva mentioned, our lawsuit will ask the court to declare each of these executive orders unconstitutional and halt the various actions already being taken by governmental agencies to implement these orders.

It goes without saying that suing a sitting President and your federal government is no small thing. It’s also incredibly sad that my young friends and I feel forced to fight this battle, to fight those misguided, morally bankrupt adults who would rather place their polluted politics and antiquated ideals ahead of our environment, sustainable solutions, and the well-being of future generations. Alas, that is very much our reality in 2025.

The good news, and it is excellent news indeed, is that my young friends and I are devoted and determined to defeat this President and his Administration.

No matter how powerful the opposition or how daunting the path, we believe – as every generation must – that justice will prevail. Because it has to, the stakes are too high.

This is our moment to fight, not out of choice, but necessity.

For what is right.

For what is legal.

For what is just.

We fight because we must. And we will not stop.

To learn more about our new landmark constitutional lawsuit, please visit www.ourchildrenstrust.org/lighthiser-v-trump or consider the following recent news articles:

The New York Times

The Guardian

Bloomberg Law

The Hill

Sierra Magazine

Inside Climate News

Business 101: Dealing With Our Climate Crisis Reality in Refreshing Ways

About a decade ago, as I started my climate-related work, I met and interviewed Dr. Ben Kirtman, Professor and Director of the Cooperative Institute for Marine & Atmospheric Studies (CIMAS) here at the University of Miami’s Rosenstiel School of Marine, Atmospheric, and Earth Science, and discussed how he felt we could get people to take our growing climate crisis more seriously and to more actively enact solutions. All these years later, his answer at the time — that the insurance and lending industries would likely soon insist on resiliency measures to manage climate-oriented risks and continue offering their products and services in regions like South Florida — was both astute and increasingly accurate.

With this in mind, a recent report from global insurance giant Zurich caught my attention. Like any profit-driven business, Zurich is in business to generate profits, and it does so by managing a variety of ever-evolving risks that it and its clients face. To overlook, diminish, or avoid directly addressing a material risk would be a dire dereliction of duty to their shareholders, employees, and clients. So at a time when states such as Florida, a place where zealot elected state officials remove words such as “climate change” from our laws rather than face reality, or the United States where our new President and his elected followers work feverishly to promote the very products (fossil fuels) that are polluting our atmosphere and oceans, it’s refreshing to read how a sizable, serious, for-profit enterprise, in this case Zurich, views the risks related to climate change and positions itself as a solution oriented thought leader.

“From tornados and hurricanes to flooding and wildfires, extreme weather events are taking a significant and rising tool – both economic and human – across the world. Over the past decade (2014-2023) they have resulted in approximately $ 2 trillion in economic losses. The outlook appears alarmingly bleak.”
Climate risks: Strategies for building resilience in a more volatile world
Zurich Insurance Group Report / April 29th, 2025

The Zurich report, linked below, makes clear that the insurance industry has an important role to play in building resiliency and helping manage climate risk, given its expertise in guiding businesses in managing their risks. The industry’s sophisticated risk-oriented analytical modeling and assessment tools can, for example, accurately predict extreme weather events, including windstorm and flood damage, allowing people to plan for such events and incorporate resiliency into new construction and renovations.

As you will see, the paper makes three core suggestions to business and governmental organizations, including:

1. Leverage insurer expertise by prioritizing investment in risk prevention and reduction.

2. Increase access to insurance and the industry’s risk management solutions worldwide.

3. Develop and expand private-public risk-sharing mechanisms to support long-term protection objectives.

Rather than misleading people with promises from the past or marginalizing what the world now accepts as established scientific fact, it’s refreshing to see such a significant business deal with reality in a straightforward and honest manner. The sooner those who deny our climate reality adopt a similar approach to Zurich, the sooner we can address the core problem by becoming fully resilient to the damage done, while also creating a sustainable energy-based economy that mitigates the problem for the lasting betterment of our environment and future generations.

Read the report by clicking here, and a Zurich article about the report below:

Climate risks: Strategies for building resilience in a more volatile world

April 29, 2025

A new paper from Zurich Insurance Group (Zurich) presents a roadmap for how governments, insurers, and communities can work together to meet the growing challenges posed by extreme weather and natural catastrophes.

From tornados and hurricanes to flooding and wildfires, extreme weather events are taking a significant and rising toll – both economic and human – across the world. Over the past decade (2014-2023) they have resulted in approximately USD 2 trillion in economic losses.

The outlook appears alarmingly bleak. The frequency and intensity of extreme weather events and natural catastrophes are increasing, a trend that may be exacerbated in the coming decades by long-term shifts in climate patterns. Variations in temperatures, rising sea levels, and changes in precipitation patterns could disrupt natural ecosystems, agricultural productivity, and human health, resulting in persistent environmental and economic damage.

Insurers are experts in understanding and managing the risks associated with extreme weather. Their expertise is used to provide coverage that enables individuals and businesses to recover from natural catastrophes by having the necessary financial resources to restore and rebuild post-event. In 2023 alone, the insurance industry paid out USD 108 billion in claims related to losses from natural catastrophes. In addition to offering financial protection, insurers provide risk management insights, advanced modeling and other tools that can play a vital role in advising companies, governments, and municipalities on how to reduce risk and thereby build resilience.

However, the financial security provided by insurance has its constraints. In 2023, only 38 percent of global losses from extreme weather and natural catastrophes were insured. Moreover, USD 174 billion of global losses were uninsured.

Several factors contribute to these uninsured losses. Individuals and businesses may underestimate both the potential losses and the probability of a natural catastrophe occurring, leading them to avoid purchasing appropriate coverage. The affordability and availability of insurance also play significant roles. Over the past 30 years, the total cost of insured losses from natural catastrophes has grown at a faster rate than the global economy, more than doubling relative to global GDP since 1994. If insured losses continue to grow at this rate, premiums for climate risk coverage will need to increase to reflect the additional risk. This in turn, will affect the level of protection that individuals and businesses are willing and able to purchase, with potential consequences for the overall functioning of the market.

To protect societies and economies from the growing threats posed by extreme weather and natural catastrophes, governments and policymakers should prioritize climate resilience. In doing this, they should consider the following three complementary responses:

1. Invest in risk prevention and reduction strategies

The rationale for investing in climate resilience is clear. However, determining where and how to invest in risk prevention and reduction requires specific expertise and collaboration among specialists from various fields. This requires a robust framework of governance.

Recommended measures to achieve this include building climate resilience into national planning; establishing national centers of competence to pool data and expertise to create more informed planning decisions; and making more effective use of technology, data analytics and scientific research to enhance risk assessment and climate modeling. Embracing the expertise and forward-looking risk management approach of the insurance industry can help businesses and communities build resilience to future climate risks.

2. Enhance insurance market accessibility, affordability and transparency

Insurance will always play a key role in providing protection and strengthening climate resilience. But if the severity and frequency of extreme weather events continue to trend upward, the cost of insurance coverage will rise as well. This means that, over time, there is a risk that households and businesses may end up underinsured or even without coverage. Investment in risk prevention and reduction measures is the best first step to addressing this challenge, as resilience is the best insurance.

However, there are also positive actions that governments can take to enhance insurance accessibility and affordability. For example, they can raise awareness of extreme weather risks while offering incentives for households and businesses to obtain adequate insurance. This can also be achieved by establishing a regulatory environment that sustains market capacity, attracts new entrants, and fosters competition and innovation to broaden coverage options for consumers.

While governments can exert a positive influence, it is vital that any regulatory regimes remain flexible, allowing pricing and products to adjust to evolving climate risks. Regulating rates and premiums can obscure the true costs associated with underlying risks, potentially encouraging development in hazardous areas, and discouraging necessary investments in resilience.

Instead, governments should permit insurance markets to establish rates and premiums that accurately reflect the actual level of risk, and the costs associated with repairs for these events – referred to as ‘risk-based pricing.’ This approach guides economies toward resilient and sustainable development practices and ensures that resources are allocated effectively to minimize exposure to climate risks.

3. Develop collaborative risk-sharing solutions

Strengthening climate resilience requires investing in risk prevention and reduction measures, as well as enhancing insurance accessibility and affordability. However, given the constraints on public finances, the costs are likely to be too high for many governments to bear. Instead, innovative risk-sharing solutions and public-private partnerships need to be developed.

‘Blended finance,’ for instance, can help to increase investment in risk prevention and reduction by crowding in private finance. The insurance industry can help unlock these investments by de-risking capital flows.

There could also be a role for public-private partnerships (PPPs) to enhance insurance accessibility and affordability. For instance, the creation of (re)insurance pools can help share resources and distribute risks, which can improve affordability, especially in higher-risk areas. Private insurance markets can price these risks, while governments determine how natural catastrophes losses are distributed.

A race against time

The escalating costs of extreme weather and natural catastrophes highlight an urgent need for action from governments, insurers, and communities to collaboratively build climate resilience. Achieving this will require a multifaceted approach that includes targeted investments in resilience, enhancements to insurance markets, and the development of effective risk-sharing solutions. Addressing these challenges now will help to ensure that societies are better equipped to withstand and recover from the growing threats posed by extreme weather and natural catastrophes in the future.

Join Me For Miami Climate Week 2025

Miami is no stranger to rising tides, extreme heat, and the urgent need for climate solutions—but this year, Miami-Dade County is making history by hosting the inaugural Miami Climate Week. This groundbreaking initiative will bring together changemakers, scientists, policymakers, and community leaders to accelerate climate action in South Florida and beyond.

From March 25th to 31st, Miami will host a dynamic lineup of events, panels, workshops, and activations aimed at tackling the biggest environmental challenges of our time. Whether you’re an activist, entrepreneur, student, or concerned resident, this is your chance to be part of the movement shaping Miami’s future in a warming world.

I do hope you can and will join me next week and, as such, I’d like to share a few ways that I’ll be participating.

I am so very proud to share that the University of Miami’s Climate Resilience Institute is anchoring Miami Climate Week by hosting the inaugural Resilience 365 Conference on Monday March 24th and Tuesday the 25th at the University’s Lakeside Expo Center on our Coral Gables campus. This conference brings thought leaders and communities together to discuss solutions to our climate change crisis including climate tech innovations, financing resilience infrastructure, legal topics and ways to foster healthy communities in a warming world.

The speaker lineup at our Resilience 365 Conference next week is simply fantastic. Don’t wait, register today and get involved! To attend or learn more, please click here.

And, speaking of the Conference’s speakers, I’m incredibly honored to share that I will be participating in a few ways. On Monday March 24th, please join me for the Understanding Climate Litigation panel discussion at 3:15 pm in the Lakeside Auditorium. The amazing panelists joining me include Geoffrey SupranCinnamon Carlarne, and Katrina Kuh, and the discussion will be moderated by my friend and esteemed mentor Jessica Owley. I’m confident that it will be a stimulating panel about state, federal, and international climate cases and what they might mean to the future of our battle.

The Resilience 365 Conference will also be hosting a Youth Roundtable entitled Empowering the Next Generation where “students, professors, and professionals will engage and share experiences of creating meaningful action around their key interest areas. We will explore the gap between awareness and action, options for getting involved, challenges young leaders are facing, ways to keep calm while carrying on, and more.” I am proud to be serving on the University of Miami’s Climate Resilience Institute’s inaugural Student Advisory Council and would love to see as many young climate activists and concerned citizens join us for what I anticipate will be a lively discussion. If you’re attending the Conference and interested in joining the discussion, please reach out to me!

And if you can’t attend in person please consider following at MiamiClimate365.com.

And if our inaugural Resilience 365 Conference and Miami Climate Week were not enough, I am pleased to share that I have been chosen to present a TED-like Talk at the University of Miami Graduate & Postdoctoral Research Symposium on March 25th.

My talk, entitled Energizing the Sunshine State, will focus on part of my Ph.D. dissertation research that explores Florida’s lack of a renewable energy landscape, why 95% of Florida’s power is generated from non-renewable sources, and how we’ve allowed our fragile state get into such a mess. The talk touches on part of my recent research that will be published later this Spring by the Louisiana State University Journal of Energy Law and Resources. To learn more about the Symposium, please click here.

I am also excited to share that on Wednesday evening I will be moderating a panel discussion at the University of Miami following a public screening of the documentary film Razing Liberty Square. Our panel will include my dear friend, climate powerhouse extraordinaire, Caroline Lewis and my fellow Miami Hurricane and longtime friend Valencia Gunder.

Climate gentrification is a serious, growing issue here in South Florida. The documentary focuses on the lives of residents of the Liberty Square public-housing community after learning that their homes had become part of $300 million revitalization project that was proposed in 2015. It’s a fascinating look at what happens when a neighborhood located on some of the highest-and-driest ground in the region is targeted for new development and the fight over a new form of racial injustice: Climate Gentrification.

Join us on March 26th at 6:30 PM in the University of Miami Frost Seminar Room. Seats are limited to this free event so please register ASAP for what will be a thought-provoking and important discussion following the screening. To learn more and register, click here.

Miami Climate Week is more than just a series of events; it’s a CALL TO ACTION for everyone who cares about the future of our city, state, country, and our planet. Whether you’re attending expert panels, engaging in hands-on workshops, or connecting with local organizations and the people working hard to make a difference in our warming world, your participation matters.

This is our moment, your moment, to shape a more resilient, sustainable world from right here in Miami, ground zero in America’s climate change battle. So please plan to join me, mark your calendars, bring your ideas, and be part of the change.

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