Youth Sue Montana over Climate Policies
The first ever U.S. youth-led trial seeking to affirm an individual’s constitutional right to a stable climate concluded on June 20, 2023. In Held v. Montana, 16 youth plaintiffs (ages 5-18) challenged Montana’s procedural laws that guide agencies in evaluating development and construction permit applications, allowing them to overlook or ignore reports of greenhouse gas (GHG) emissions, resulting in consequences that infringe on their constitutional rights:
to a clean and healthful environment;
to the preservation of public trust resources;
for equal protection and individual dignity;
and to seek safety, health and happiness.”[i]
The discrepancy between the cases presented was striking. Plaintiffs or their adult representatives, together with experts in greenhouse gas emissions, environmental climate change, physical and mental health, indigenous culture, Montana’s energy policies, freshwater ecosystems, and international climate policy provided five days of testimony and evidence on the negative impact of GHG caused by fossil fuels. Conversely, the State’s case concluded in a single day, focused on the fact that Montana is not solely responsible for climate change, mischaracterized Montana’s GHG emissions, and cancelled its only two expert witnesses. The case is now under consideration by the Court.[ii]
Since 2011 the Montana legislature has twice voted to limit review of GHG impacts when awarding development permits despite acknowledgments of climate warming by Montana courts and lawmakers going back to 1968, requests by two recent Montana Governors for climate impact reviews and action plans, and Montana’s ability to meet all of its energy needs with renewable resources. All fossil fuel related projects have been approved, resulting in Montana’s “disproportionately large” emissions which experts testified are causing the state’s increasingly impactful climate events.[iii] Notably, expert testimony revealed Montana has the largest coal deposits in the nation as well as significant oil and gas reserves. So, there is big money at stake, which you likely already figured out.
It will be interesting to watch the judgment, whether appeals result, and how far the case might go. In addition to addressing distinct constitutional harms, Plaintiffs seek acknowledgment of themselves as a protected class. This feels courageous in a time when protected classes are being challenged on so many levels.
Rhetorically, this case is a win for climate awareness and also for youth, a historically silenced class in geopolitical space. Plaintiffs’ complaint that the State is harming them and future generations with its policies drew significant press interest. Theirs are not the voices of the usual pundits.
While the Held case is the first U.S. youth-led case to reach trial, it is not the first effort. Juliana v. U.S. has stalled for eight years under considerable efforts by the Department of Justice to frustrate its progress. Recently, 76 Congresspeople reintroduced the Children’s Fundamental Rights and Climate Recovery resolution in support of the Juliana plaintiffs, in apparent agreement that youth, as humanity’s most vital resource, deserve sustainability consideration; that as the rightful inheritors of the Earth, youth perspectives seem relevant, justifiable, and worth a listen.[iv]