Montana’s fossil fuel projects violated youths’ environmental rights, judge rules.
A Landmark Ruling: Montana Court Upholds Young Climate Activists’ Rights
A Montana state court made a groundbreaking decision on Monday, ruling in favor of a group of 16 young climate activists. These activists had accused the state of violating their constitutional right to a “clean and healthful environment” by approving new fossil fuel projects. This landmark ruling could set a precedent for similar cases across the nation.
The court’s ruling agreed with the plaintiffs, stating that Montana’s Environmental Policy Act (MEPA) is unconstitutional. The act, which requires state agencies to consider environmental health when developing new energy resources, fails to account for the harmful effects of additional greenhouse gas emissions and climate change caused by new fossil fuel projects.
The plaintiffs argued that MEPA, in its current form, violates a 1972 provision in the state’s constitution. This provision emphasizes the responsibility of both the state and its citizens to maintain and improve a clean and healthful environment for present and future generations.
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State officials vehemently denied the claim, asserting that the MEPA provision in question is merely procedural. They argued that it is used solely to conduct environmental assessments of projects, rather than granting permits for their advancement.
“MEPA doesn’t permit,” stated Montana’s Director of Environmental Quality, Chris Dorrington, during his testimony earlier this summer. He further explained that there are other state laws that guide the agency’s decisions regarding the approval of new coal, oil, or gas mining projects.
Over the course of five days in June, the plaintiffs presented compelling evidence of the harm caused by fossil fuel projects in their state. One of the activists, Olivia Vesovich, a 20-year-old student at the University of Montana, testified about the detrimental impact on her health. She described how her preexisting respiratory problems, combined with wildfire smoke, have made living in the state nearly unbearable.
Vesovich vividly expressed, “At times, it felt as though my lungs were on fire, and the smoke was suffocating me. That sounds like a dystopian horror film, but it’s not a movie. It’s real life.”
Click here to read more from The Washington Examiner.
The state is widely expected to appeal the court’s decision and has made multiple attempts to avoid trial, including filing requests to the Supreme Court.
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