A Montana judge ruled in favor of 16 young plaintiffs who sued the state for violating their constitutional rights to a clean and healthful environment by promoting fossil fuels. The ruling came after a seven-day trial that was the first of its kind in the U.S. to challenge a state’s fossil fuel policies on constitutional grounds.
The plaintiffs, who range in age from 11 to 24, testified that they have been harmed by the impacts of climate change, such as wildfires, droughts, floods, and reduced snowpack. They argued that the state’s laws and policies that encourage the development and use of fossil fuels contribute to global warming and endanger their future.
The judge, Jeffrey Sherlock of the First Judicial District Court, agreed with the plaintiffs and declared that Montana’s fossil fuel-promoting laws are unconstitutional. He ordered the state to adopt a comprehensive science-based plan to reduce greenhouse gas emissions and protect the environment.
“This is a huge victory for our generation,” said Rikki Held, one of the plaintiffs. “We have been fighting for our right to a healthy future for years, and now we have a ruling that recognizes that right.”
The plaintiffs’ lawyers hailed the ruling as a historic victory and a turning point for climate justice. They said that the case is not only about Montana, but about every state in the nation that has failed to act on climate change and protect its people.
“We hope this will inspire other young people to stand up for their rights and demand action from their governments,” said Nate Bellinger, staff attorney at Our Children’s Trust, the nonprofit organization that represented the plaintiffs.
The state and several intervenors, including Montana-Dakota Utilities and the Montana Petroleum Association, argued that the plaintiffs had no constitutional right to dictate Montana’s energy policy. They said that the state’s fossil fuel policies are consistent with the constitution and the best interests of the state.
“We are disappointed with the court’s decision and we are reviewing our options,” said Anastasia Burton, spokesperson for Montana Attorney General Austin Knudsen.
“This case is not about whether climate change is real or caused by humans,” said Andy Huff, attorney for Montana-Dakota Utilities. “It is about whether these plaintiffs have a constitutional right to dictate Montana’s energy policy. We maintain that they do not.”
The ruling is expected to be appealed to the Montana Supreme Court, where it could set a precedent for other states and countries facing similar lawsuits from young people who claim that their governments are violating their rights by failing to address climate change.
Relevant articles:
– Judge rules in favor of youth plaintiffs in landmark Montana climate case, St. Louis Post-Dispatch, August 14, 2023
– A landmark case: In first-of-its-kind Montana climate trial, judge rules for youth activists, MSN, August 14, 2023
– Montana lawsuit: Young people win landmark climate change case, New Scientist, August 14, 2023
– Montana judge rules for young activists in landmark climate trial, CBS News, August 14, 2023