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Youth wins climate case against U.S. state of Montana in first-of-its-kind legal ruling [1]
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Date: 2023-08-14 23:08:45+00:00
A landmark ruling found that Montana violated young people’s constitutional rights to a “clean and healthful environment,” marking the first time a U.S. court connected the government’s fossil fuel promotion with harm to youth from climate change neglect.
The case, Held v. State of Montana, involved 16 Montana youths aged 5 to 22 who aimed to protect their rights to a healthy environment, dignity, and freedom.
During the trial, youth plaintiffs and expert witnesses argued that the state violated their constitutional right to a clean environment, including safeguarding air, water, wildlife, and public lands from climate-related threats like droughts, wildfires, and floods.
Judge Kathy Seeley of Montana’s First Judicial District Court ruled in favor of the young plaintiffs, stating that laws prohibiting climate change consideration in fossil fuel activities were unconstitutional. The decision highlighted climate impacts, irreversible injuries from greenhouse gas emissions, and the need for science-based climate measures.
A historic ruling established that the state of Montana violated youths’ constitutional rights to a “clean and healthful environment.” This victory marks the first time in U.S. history that a court has declared that government actions promoting fossil fuels while ignoring climate change endanger and directly impact the well-being of young people.
The lawsuit, Held v. State of Montana, involves 16 Montana youth aged 5 to 22 who took legal action to safeguard their rights to a healthy environment, life, dignity, and freedom. The youth were represented by attorneys with Our Children’s Trust, the Western Environmental Law Center, and McGarvey Law.
During the two-week trial, the youth plaintiffs and ten expert witnesses argued that the state violated Article II, Section 3 of Montana’s Constitution, which states: “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment.” They made the case that this includes protecting their air, water, wildlife, and public lands from the escalating threats of droughts, heatwaves, wildfires, smoke, and floods.
Judge Kathy Seeley of the First Judicial District Court of Montana ruled in favor of 16 young plaintiffs. The plaintiffs did not seek money in their lawsuit. “Instead, today’s ruling declared that state laws prohibiting Montana agencies from considering climate change or greenhouse gas emissions when permitting fossil fuel activities were unconstitutional,” Our Children’s Trust said in a press statement.
“I’m so speechless right now,” youth plaintiff Eva said. “I’m really just excited and elated and thrilled. I cannot believe the ruling. I’m just so relieved.”
The decision, spanning over 100 pages, articulates critical findings regarding the rights of youth to a safe climate. Some key points include recognizing that additional emission of greenhouse gases (GHGs) worsens climate impacts, the dangers of “irreversible climate injuries” from continued GHG emissions, and the necessity of science-based measures to combat climate change.
“Today, for the first time in U.S. history, a court ruled on the merits of a case that the government violated the constitutional rights of children through laws and actions that promote fossil fuels, ignore climate change, and disproportionately imperil young people,” Julia Olson, Chief Legal Counsel and Executive Director with Our Children’s Trust said in a statement.
The state has 60 days to consider an appeal to the Montana Supreme Court.
According to NPR, Emily Flower, a spokesperson for Montana Attorney General Austin Knudsen, criticized the decision and said they plan to appeal.
“Montanans can’t be blamed for changing the climate,” Flower told NPR. “Their same legal theory has been thrown out of federal court and courts in more than a dozen states. It should have been here as well, but they found an ideological judge who bent over backward to allow the case to move forward and earn herself a spot in their next documentary.”
“This case is about the state’s affirmative actions — things Montana’s state government has actually done and continues to do — to create and exacerbate climate change and violate the constitutional rights of the youth plaintiffs,” according to Our Children’s Trust. “For example, state agencies permit the extraction of Montana’s vast coal reserves, as well as the extraction of oil and gas, and lease state lands for fossil fuel activities.”
Attorney Roger Sullivan of McGarvey Law said the decision establishes “enforceable principles of intergenerational justice,” emphasizing that the current government is obligated to pass on a stable climate system to future generations.
In 2019, Montana emitted approximately 32 million tons of carbon dioxide into the air, comparable to the total emissions of entire nations, such as Ecuador, Ireland, New Zealand, Norway, Sweden, and Switzerland. Montana has warmed by ~2.5°F over the past century.
Carbon dioxide, a greenhouse gas and byproduct of burning fossil fuels, traps heat in the atmosphere and plays a significant role in climate change. Recent data from the National Oceanic and Atmospheric Administration revealed that this spring, atmospheric carbon dioxide levels reached their highest point in more than four million years.
“This ruling, this case; it is truly historic. We are heard!” youth plaintiff Kian said in a statement. “Frankly the elation and joy in my heart is overwhelming in the best way. We set the precedent not only for the United States, but for the world.”
Banner image of Youth plaintiffs Taleah, Mica, and Grace in 2022. Photo by Robin Loznak; Courtesy of Our Children’s Trust.
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https://news.mongabay.com/2023/08/first-of-its-kind-legal-ruling-favors-youth-in-montana-climate-case/
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