In the first ruling of its kind nationwide, a Montana state court decided Monday in favor of young people who alleged the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels. From a report: The court determined that a provision in the Montana Environmental Policy Act has harmed the state’s environment and the young plaintiffs, by preventing Montana from considering the climate impacts of energy projects. The provision is accordingly unconstitutional, the court said. The win, experts say, could energize the environmental movement and reshape climate litigation across the country, ushering in a wave of cases aimed at advancing action on climate change. “People around the world are watching this case,” said Michael Gerrard, the founder of Columbia’s Sabin Center for Climate Change Law.
The ruling represents a rare victory for climate activists who have tried to use the courts to push back against government policies and industrial activities they say are harming the planet. In this case, it involved 16 young Montanans, ranging in age from 5 to 22, who brought the nation’s first constitutional and first youth-led climate lawsuit to go to trial. Though the cumulative number of climate cases around the world has more than doubled in the last five years, youth-led lawsuits in the United States have faced an uphill battle. Already, at least 14 of these cases have been dismissed, according to a July report from the United Nations Environment Program and the Sabin Center. The report said about three-quarters of the approximately 2,200 ongoing or concluded cases were filed before courts in the United States. Experts said the Montana youth had an advantage in the state’s constitution, which guarantees a right to a “clean and healthful environment.” Coal is critical to the state’s economy, and Montana is home to the largest recoverable coal reserves in the country. The plaintiff’s attorneys say the state has never denied a permit for a fossil fuel project.
