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Update:
- A Montana judge sided with a group of 16 youths in their claims the state violates their constitutional right to a “clean and healthful environment” now and in the future.
- The youth argued the state of Montana violates their constitutional rights by barring the consideration of greenhouse gas emissions in the state’s permitting process.
- The case stemmed from amendments made in the Montana Environmental Policy Act that prevented state agencies from taking climate change impacts and GHG emissions into consideration when conducting environmental reviews.
- The judge ruled harm to the Montana environment can be traced back to state-made decisions to disregard climate effects by approving fossil fuel projects.
- The decision comes less than two months after the conclusion of a bench trial for the lawsuit.
Montana youth climate lawsuit overview:
- Who: A group of Montana youths filed a lawsuit against the state.
- Why: Montana is accused of violating its citizens’ state constitutional right to a “clean and healthful environment” by prioritizing the use of carbon-intense fossil fuels.
- Where: The lawsuit was filed in the Lewis and Clark County District Court.
(June 15, 2023)
A youth-led climate lawsuit claiming Montana violates the plaintiffs’ state constitutional right to a “clean and healthful environment” has made it to trial.
Montana youths argue their state constitutional right to a clean environment is under sustained attack, while Montana contends the lawsuit is “far more boring” and, in reality, about statutory amendments.
Montana is accused of prioritizing carbon-intense fossil fuels and, in doing so, compromising the future of its young residents while enshrining the rights of its citizens, Law360 reports.
The youths reportedly pointed to the phrase “clean and healthful environment” appearing in two places in the Montana state constitution, which was revised during a 1972 constitutional convention.
Montana argues there is ‘absolutely nothing’ it can do to reach youths’ greenhouse gas emissions goal
Per the lawsuit, the youths want Montana to stop handing out permits for projects involving fossil fuels as part of a goal to keep the state’s greenhouse gas carbon dioxide emissions under 350 parts per million.
Counsel representing Montana say there is “absolutely nothing” the state could do to meet the youths’ goal of achieving greenhouse gas carbon dioxide emissions under the desired threshold, Law360 reports.
Montana youths have also taken issue with a 2021 amendment to the Montana Environmental Policy Act (MEPA) stating any environmental review would not take into account actual or potential effects beyond state borders.
Counsel for Montana argues the MEPA provision has “no meaningful impact or appreciable impact” on the state’s climate, regardless of whether it “had or has any impact on Montana’s greenhouse gas emissions,” Law360 reports.
The lawsuit is reportedly only one of several youths have filed filed against their states, including Oregon, New Mexico and Hawaii, among other places.
A group of teenagers in Canada filed a similar lawsuit, arguing the country contributed to greenhouse gas emissions and threatened the lives of its younger generations.
A judge ultimately decided to throw out the climate-change lawsuit in November 2020.
Do you believe Montana violates the state constitutional rights of its citizens through its current fossil fuel practices? Let us know in the comments.
The plaintiffs are represented by Our Children’s Trust, Western Law and McGarvey Law.
The Montana youth climate lawsuit is Held v. Montana, case number unavailable, in the Lewis and Clark County District Court.
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5 thoughts onMontana judge in youth climate lawsuit rules fossil fuel development violates state constitution
The lady in her 50s with the purple hair is leading this for them.
Ok, so Top Class Actions hides the truth about CO2 and how it does NOTHING to the environment, considering it’s FROM the Earth… Gee, I wonder what’s heavier than Oxygen, dissipates in Oxygen, and is required for all life to exist?
It MUST be physically painful to be a Leftist.
i’m sure the environmental impact report which is required for all permits etc; should be able to show all of you idiots that these youths are correct.
These youths need to understand that they have been brainwashed. Fossil fuels do not harm the environment. Global warming is a scam used to make money and steal freedom from Americans. If we end Fossil fuels life as we know it will not exist. We have to fight these globalist who have brainwashed our children.
Good point. Let us see what happens during the discovery process. These youths must prove their case.