Victory for young activists in Montana climate case

author: FutureCar Staff    

A state judge in Montana has ruled that the state's policies prohibiting the consideration of climate change effects when reviewing fossil fuel projects violate the rights of young people. The decision by Judge Kathy Seeley in Helena is a major victory for the plaintiffs in the Held vs Montana climate change lawsuit, which is the first youth-led climate case to reach trial in the U.S. This ruling could have implications for similar cases nationwide.

Judge Seeley stated that Montana's greenhouse gas emissions have been proven to be a significant factor in causing climate impacts, which harm the young plaintiffs and the environment. The 16 plaintiffs, who were between the ages of 2 and 18 when they filed the lawsuit in 2020, argued that the state's permitting of coal and natural gas projects worsened the climate crisis, despite a constitutional amendment requiring environmental protection.

According to Seeley, the plaintiffs have a constitutional right to a clean and healthful environment, and policies that prevent state agencies from considering climate and emissions impacts when approving fossil fuel projects are unconstitutional. During the trial, the young plaintiffs presented evidence that despite its small population, Montana contributes significantly to global emissions as a major producer of coal, oil, and gas.

Lead plaintiff Rikki Held testified about the impact of climate change on her family's ranch, including droughts and wildfires. The state argued that climate policy should not be determined by courts and that the plaintiffs had not proven that Montana's emissions were responsible for the global crisis. The Montana attorney general's office called the ruling "absurd" and plans to appeal.

Legal experts believe that Judge Seeley's decision could inspire similar lawsuits in other states with similar constitutional provisions. Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia Law School, described the ruling as the "strongest decision on climate change ever issued by any court."

This case is one of several youth-led climate cases in the U.S., with another case in Hawaii scheduled to go to trial next year. The revival of a case against the U.S. government in June also shows the growing momentum of climate litigation. The decision in the Held vs Montana case is seen as a significant step forward in holding governments accountable for their role in the climate crisis.

FutureCar Staff