In a landmark climate trial in Helena, Montana, sixteen young people aged 5 to 22 argue that the state’s embrace of fossil fuels is destroying their future. They claim that the state’s actions violate its own constitution, which has mandated since 1972 that a clean and healthful environment be maintained and improved for present and future generations. These young plaintiffs maintain that the policies of Montana, the fifth-largest coal-producing state and the 12th-largest oil-producing state, have led to detrimental climate effects such as droughts, wildfires, heat waves, and floods, as reported by the New York Times. A state climate assessment from 2021 reveals that Montana has been warming at a faster rate than the rest of the US since 1895, accompanied by severe climate-related weather events, according to Nature.
During the state’s opening statement, Michael Russell, an assistant attorney general, argued that Montana’s emissions are too minuscule to have any significant impact. However, 22-year-old Rikki Held countered this claim, stating that Montana must take responsibility for its contribution to climate change. Held emphasized the urgency of the situation, asserting that action cannot be delayed or ignored. Judge Kathy Seeley clarifies that she does not possess the authority to determine the state’s energy and climate policies. However, she can rule that the state’s support for the fossil fuel industry is unconstitutional, which would exert pressure on the government to address greenhouse-gas emissions.
In an attempt to avoid the trial, the state has previously repealed a 30-year-old energy policy that prioritized the development of its fossil fuel industry. Nevertheless, additional policies will be scrutinized. Environmental advocates hope that Judge Seeley will overturn a newly enacted law, approved by Republicans, which prohibits state regulators from considering the impacts of climate change when assessing major building projects. The climate trial, known as Held v. Montana, is supported by Our Children’s Trust, a legal nonprofit organization also involved in the Juliana v. United States case. The latter case, filed on behalf of 21 young individuals in Oregon in 2015, focuses on the nationwide impacts of climate change and recently proceeded to trial. Nature predicts that the outcome of the Held v. Montana case could serve as a bellwether for Juliana v. United States.
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