16 young climate activists in Montana have been granted victory by a judge.
A Victory for Climate Activists: Montana Judge Rules in Favor of Young Plaintiffs
A Montana judge on Monday delivered a groundbreaking ruling in favor of 16 young climate activists, highlighting the state’s flawed fossil fuel permit approval process. District Court Judge Kathy Seeley declared that the current system violates Montana’s state constitution by failing to consider the detrimental effects of carbon emissions.
“Montana’s emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment,” Seeley wrote. “Plaintiffs have proven that as children and youth, they are disproportionately harmed by fossil fuel pollution and climate impacts.”
The plaintiffs, ranging in age from five to 22, took legal action against the state, arguing that Montana’s fossil fuel policies contribute significantly to climate change. Their lawsuit invoked a 1972 clause in Montana’s constitution, which mandates the preservation and improvement of a clean and healthful environment for present and future generations.
This landmark ruling now requires Montana to consider climate change when evaluating the approval of fossil fuel projects, including power plants. Previously, the state had prohibited the consideration of “actual or potential impacts that are regional, national, or global in nature” in such decisions since 2011.
Unsurprisingly, Montana Attorney General Austin Knudsen, a Republican, intends to appeal the ruling. In response, Emily Flower, a spokeswoman for the attorney general, criticized the judge’s decision, calling it an “absurd” ruling and accusing the plaintiffs’ attorneys of staging a “weeklong taxpayer-funded publicity stunt.”
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Montana has a rich history of coal and gas production, relying heavily on these resources for electricity and exports. With approximately 30% of the nation’s total coal reserves, the state produced about 5% of the country’s coal in 2021.
Julia Olson, the founder of Our Children’s Trust, the organization that filed the lawsuit on behalf of the young plaintiffs, hailed the ruling as a significant victory for Montana, youth, democracy, and the climate. She believes that more favorable rulings like this will follow in the future.
Rikki Held, the lead plaintiff in the case at 22 years old, grew up on her family’s 7,000-acre ranch in Montana. She has personally witnessed the devastating impacts of extreme weather, flooding, and wildfires on their crops and livestock, which she attributes to climate change. Held expressed hope for the future, stating that decisions like this, along with other ongoing court cases, will inevitably bring about the necessary change.
Similar to Montana, young people in other states have also taken legal action to address the adverse effects of climate change. While previous lawsuits have been filed, the Montana case stands out as the first of its kind to go to trial.
Another notable case in Hawaii involves young plaintiffs who are challenging the state’s transportation system, claiming that it generates excessive greenhouse gas emissions and violates their constitutional rights.
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