According to the ruling, Montana has to now consider climate change effects before approving any new fossil fuel and energy development project (Image of plaintiffs in the Held v. Montana case)|Our Children's Trust|CC BY 3.0
A group of 16 young Montanans, aged between 5 and 22, won the nation’s first-of-its-kind climate change trial this week, setting a precedent for more such rulings and cases in court.
District Court Judge Kathy Seeley, overseeing Held v. Montana case, ruled on Monday that the state agencies were violating the youths’ right to a “clean and healthful environment” by allowing fossil fuel projects without considering its effects on climate.
The ruling is significant since Article IX, Section 1 of Montana’s Constitution indicates
- The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.
- The legislature shall provide for the administration and enforcement of this duty.
- The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
In short,
Montana has to now consider climate change effects before approving any new fossil fuel and energy development projects.
The state plans on appealing the ruling to the Supreme Court.
Did you know?
States like Pennsylvania, Massachusetts and New York, have similar environmental protections in their constitutions.
The Our Children’s Trust, which represents Montana youth, has filed similar climate change lawsuits in all 50 states since 2011.
One of their cases in 2015 Juliana v. United States drew global attention for asserting that the government’s affirmative actions have caused climate change.