A judge has made a groundbreaking ruling in favor of young individuals who argued that the use of fossil fuels in Montana has contributed to the climate crisis and negatively impacted their health. The ruling was based on the state’s policy, which prohibits the assessment of greenhouse gas emissions when evaluating fossil fuel permit requests, being declared unconstitutional. The plaintiffs, ranging from the ages of five to 22, did not seek financial compensation but rather aimed to ensure that the state’s energy system aligns with constitutional standards. The judge’s ruling emphasized that Montana’s emissions and climate change are proven factors causing harm to the environment and to the youth. The next step lies with the state Legislature to determine how to bring the policy into compliance. However, immediate change may be challenging given the state’s favorable stance towards fossil fuels and the dominance of Republicans in the statehouse.
Montana possesses the largest recoverable coal reserves in the nation, accounting for almost one-third of the US total. The state ranks sixth in coal production, generating around 30 million tons per year from six mines. In 2022, coal provided 42 percent of Montana’s in-state electricity generation, although this figure previously exceeded 50 percent until 2016. Comparatively, hydropower constitutes 41 percent of the energy mix, while wind power contributes 12 percent, according to the US Energy Information Administration (EIA).
During the trial, which lasted five days in June, the plaintiffs shared personal stories detailing injuries resulting from climate change and the detrimental effects on their homes. District Court Judge Kathy Seeley, in her ruling, acknowledged that Montana’s emissions and climate change have been proven to significantly impact the environment and cause harm to the youth. With the ruling now in the hands of the state Legislature, the potential for immediate change seems slim in a state that favors fossil fuels and where Republicans hold considerable legislative control.
One aspect of the hearing highlighted the fact that no permit for a fossil fuel project has ever been denied in Montana, as reported by The Washington Post. The court heard from a 15-year-old plaintiff who suffers from asthma and described feeling like a “prisoner in my own home” during periods of intense wildfire smoke due to climate change and its consequences. Another plaintiff, 22-year-old Rikki Held, highlighted the destruction of her family-owned cattle ranch caused by the climate crisis.
Held shared how her family’s ranch relied on the Powder River for crop growth and cattle hydration. However, in 2007, the river dried up, and in the spring of 2017, it experienced rapid melting and flooding due to abnormally high temperatures linked to the climate crisis. The state argued that even if Montana completely ceased carbon dioxide production, it would not make a significant global impact since states and countries worldwide contribute to atmospheric CO2 levels. Held emphasized the importance for Montana to take responsibility for its role in climate change, despite it being a global issue.
The lawsuit, filed in March 2020, emphasized that children are particularly vulnerable to the effects of the climate crisis, which negatively impacts their physical and psychological health, safety, family dynamics, cultural foundations, and economic well-being. The plaintiffs included individuals like Rikki Held, an 18-year-old at the time of filing, who hails from Broadus, Montana, and lives on her family’s 7,000-acre ranch. The ranch’s livelihood heavily relies on cattle and crop cultivation. The lawsuit mentioned how changes in climate have increased the variability of water levels in the Powder River, leading to its drying up in 2007. Furthermore, abnormally high temperatures associated with climate change caused rapid melting and flooding in the spring of 2017.
Kalispell residents Lander B. (age 15) and Badge B. (age 12) also filed as plaintiffs. They shared how their family heavily depends on hunting and fishing as a source of sustenance, which has been hindered by the climate crisis. The brothers mentioned abnormal low water levels and high temperatures, resulting in reduced fish populations and fishing restrictions on rivers like the Flathead and Blackfoot. Heatwaves and wildfires in Kalispell have also caused a decline in the availability of food for their family.
Overall, this landmark ruling in Montana sets a precedent for holding fossil fuel usage accountable for contributing to the climate crisis and its detrimental effects on the health and well-being of younger generations. The state Legislature now faces the task of ensuring compliance with constitutional standards, although immediate change may be challenging given Montana’s pro-fossil fuel stance and the political landscape dominated by Republicans.
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