By Dana Drugmand The Montana Supreme Court on Wednesday upheld a trial court ruling in a youth-led case against the Montana state government, affirming that the sixteen young plaintiffs have a right to a “stable climate system.” The decision marks what legal observers say is a landmark achievement in US climate litigation that is likely to inspire more lawsuits seeking to hold governments accountable for climate change harms in the US and around the world. In the 6-1 decision today, the court ruled against the state in its appeal of District Judge Kathy Seeley’s Aug. 14, 2023 verdict in Held et al. v. State of Montana, which went to trial in June 2023. Seeley found that a pair of state laws effectively shielding fossil fuel projects from public scrutiny over their climate impacts, and from judicial review of those impacts under the Montana Environmental Policy Act (MEPA), violate the state’s constitution, including the right to a clean and healthful environment. That environmental right includes the climate system, Seeley determined, and every additional ton of greenhouse gases emitted from fossil fuels – including from projects like coal mine expansion authorized by Montana regulatory agencies – exacerbates climate change damages and harms to Montana’s environment and the youth plaintiffs. “This is a monumental moment for Montana, our youth, and the future of our planet,” Nate Bellinger, lead counsel for plaintiffs and a senior attorney with the nonprofit law firm Our Children’s Trust, said in a statement. “Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests,” “This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” said lead plaintiff Rikki Held.
Montana is having some wins lately.