Children Take Action into Their Own Hands
Montana Youth Sue … and WIN!
Original Article by InsideClimateNews.Org
A Montana judge recently issued a significant ruling in favor of a group of young plaintiffs who accused their state government of violating their constitutional right to a clean and healthful environment by promoting fossil fuel development without considering its contribution to climate change. The case was filed in 2020 by 16 young Montanans, and the decision was delivered by District Court Judge Kathy Seeley.
Judge Seeley's ruling declared unconstitutional a Montana policy that prevented state agencies from evaluating greenhouse gas emissions when permitting energy projects. The judge noted that Montana's emissions and climate change have been proven to cause harm to the environment and the plaintiffs.
The state officials are planning to appeal the decision, but legal experts suggest that if the ruling stands, it could lead to similar lawsuits in other states and set a new legal precedent regarding governments' duty to protect citizens from climate change consequences.
The plaintiffs argued that the state's fossil fuel policies worsened climate change, leading to health issues and resource depletion. The state contended that its emissions were insignificant on a global scale, but the judge found their reasoning insufficient.
This ruling could have wide-ranging implications both in the U.S. and internationally, potentially inspiring similar lawsuits in other jurisdictions with similar environmental protections. The decision marks the first time a court has interpreted a state's right to a healthy environment to include a healthy climate.
The ruling could provide momentum for campaigns advocating for Green Amendments—constitutional provisions guaranteeing a healthy environment—in other states. While many youth-led climate change cases have faced obstacles in the legal system, this decision might encourage future plaintiffs to pursue their cases.
The Montana decision is seen as a significant victory for young climate activists and could serve as a guide for judges considering similar cases in the future.