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In a groundbreaking decision, a judge in Montana ruled in favor of youth climate activists on Monday, affirming their right to a “clean and healthful environment”. Judge Kathy Seeley determined that the state’s exclusion of emissions impact in oil and gas permitting violated Montana’s constitution, which guarantees the right to a clean and healthful environment. The judge also recognized that the state’s carbon footprint has caused injury and harm to the young plaintiffs.
The case, known as Held vs Montana, was filed in March 2020 in Lewis and Clark county. While its immediate impact is limited to Montana, it has the potential to shape future court decisions on the responsibility of the government and the fossil fuel industry for climate change. During the trial, the plaintiffs presented testimonies from climate scientists and medical experts, highlighting the negative impacts of climate change on the well-being and development of young people.
“Today’s ruling in Montana is a game-changer in our generation’s fight against human-caused climate chaos,” said Julia Olson, executive director of Our Children’s Trust, who brought the case on behalf of the plaintiffs.
This ruling comes at a time when the world is experiencing record-breaking temperatures and the US is facing its deadliest wildfire outbreak in over a century. While this is the first ruling of its kind in the US, similar rulings have been made in favor of young environmentalists in countries like the Netherlands, Germany, and Pakistan.
Ben Jealous, the executive director of the Sierra Club, hailed the ruling as a “historic victory” for securing a livable future for all generations. He emphasized the need for urgent action to protect those already affected by the climate crisis.
The spokesperson for Montana attorney-general Austin Knudsen, one of the defendants in the case, expressed disagreement with the ruling and stated that the state would appeal it.
“Montanans can’t be blamed for changing the climate – even the plaintiffs’ expert witnesses agreed that our state has no impact on the global climate… They found an ideological judge who bent over backward to allow the case to move forward and earn herself a spot in their next documentary,” said the spokesperson for Montana attorney-general Austin Knudsen.
Montana, along with New York and Pennsylvania, is one of three states that includes the right to a healthy environment in its constitution, a significant aspect of Monday’s court ruling. While legal experts are skeptical about its direct impact, they believe it will influence future youth-led climate cases. Judges often consider the decisions made by their colleagues when ruling on similar cases.
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