Helena: Montana’s highest court is poised to consider the state’s challenge against a groundbreaking decision that found it in violation of young people’s rights to a clean and healthful environment. The ruling prohibited regulators from disregarding climate change impacts when approving fossil fuel projects.
The Republican-led state will argue before the Montana Supreme Court that the lawsuit, brought by 16 young individuals, lacked the legal standing to contest restrictions on agencies’ consideration of greenhouse gas emissions.
The appeal seeks to overturn a significant August 2023 judgment by District Court Judge Kathy Seeley in Helena. This case marked the first instance in the United States where young environmental activists went to trial to challenge state and federal policies that they claim exacerbate climate change.
These youth-led lawsuits target government policies they assert promote or permit fossil fuel extraction and combustion, thereby violating their rights under U.S. or state constitutions. While some cases have faced setbacks, young activists recently secured a landmark victory when Hawaii agreed to a pioneering settlement committing to decarbonize its transportation system by 2045.
The 16 plaintiffs from Montana, ranging in age from 2 to 18 when they initiated legal action in 2020, argued that the state’s reliance on fossil fuels and its approval of projects such as coal and natural gas production worsened greenhouse gas emissions and climate change impacts.
Represented by attorneys from the nonprofit Our Children’s Trust, the plaintiffs contended that a state law barring officials from considering climate change impacts during environmental project reviews violated their rights under Montana’s constitution. Judge Seeley concurred, citing a 1972 constitutional amendment obligating Montana to safeguard and enhance its environment.
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Seeley highlighted that the state’s failure to address greenhouse gas emissions and climate change had adversely affected the mental and physical health, recreational pursuits, cultural traditions, economic stability, and overall well-being of the young plaintiffs.
“We presented evidence showing how greenhouse gas emissions, locally and globally, are harming our citizens, particularly our youngest and future generations,” stated Phil Gregory, a lawyer representing the plaintiffs.
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In response, Chase Scheuer, spokesperson for Montana Attorney General Austin Knudsen, criticized Seeley for allowing what he termed a “show trial” and a “taxpayer-funded publicity stunt.” Scheuer argued that the case should have been dismissed from the outset, asserting that a single Montana statute could not be held responsible for the alleged injuries, given the systemic nature of climate change.
The plaintiffs’ legal team countered that the unrestrained approval of fossil fuel projects in Montana had directly harmed them, contributing to increased greenhouse gas emissions and environmental degradation across the state.
