UPDATE
Dec 18, 2024 5:53 PM CST
Montana's Supreme Court on Wednesday upheld a landmark climate ruling that said the state was violating residents' constitutional right to a clean environment by permitting oil, gas, and coal projects without consideration of global warming. The 6-1 ruling in the case brought by young activists rejected the state's argument that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change, the AP reports. "This ruling is a victory not just for us, but for every young person whose future is threatened by climate change," lead plaintiff Rikki Held said in a statement. Republican Gov. Greg Gianforte said, "This decision does nothing more than declare open season on Montana's all-of-the-above approach to energy," referring to the promotion of both fossil fuels and renewables.
Aug 14, 2023 1:34 PM CDT
Young environmental activists have scored a huge victory in Montana, where a judge has agreed that the state violated their constitutional right to "a clean and healthful environment." In the first-of-its-kind Held v Montana case, District Judge Kathy Seeley ruled that it was unconstitutional for the coal and oil-producing state to allow fossil fuel development without considering the effect on the climate, the AP reports. The 16 plaintiffs in the case, ages 5 to 22, argued in June that the state was violating its own constitution—and destroying their future. Rikki Held, the plaintiff the case is named for, said climate change was hurting her family's ranch.
Experts say the win could "energize the environmental movement and reshape climate litigation across the country," per the Washington Post. Julia Olson, an attorney representing the young Montanans, describe the ruling as a "game-changer that marks a turning point in this generation's efforts to save the planet from the devastating effects of human-caused climate chaos." "This is a huge win for Montana, for youth, for democracy, and for our climate," said Olson. She is the founder of the Our Children's Trust nonprofit, which has filed similar lawsuits on behalf of young people in every state since 2011.
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This was the first such case to go to trial, though a district court ruled in June that a federal case brought by the group can proceed to trial, the Guardian reports. Another case in Hawaii is expected to go to trial in June next year. The Montana victory sets an important precedent, experts say, though since bringing the law into compliance with the state constitution will be left to the GOP-controlled state legislature, it's not clear whether it will lead to major changes, the AP notes. (More climate change stories.)
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