Montana’s attorney general is again trying to avoid going to trial in a lawsuit that will determine whether the state’s contributions to climate change are violating young Montanans’ right to a clean environment.
The 16 youth plaintiffs say by promoting fossil fuel production, Montana is violating their constitutional right to a clean and healthful environment.
In May, lawyers for the state requested the case be partially dismissed in light of legislation passed during the 2023 session changing Montana’s Environmental Policy Act. Those changes prevent state regulators from analyzing greenhouse gas emissions and climate change effects when assessing the environmental impacts of a proposed development project.
District Court Judge Kathy Seeley denied the state’s request and upheld the June 12 trial date. The AG has now submitted an emergency petition requesting Judge Seeley’s decision be reviewed by the Montana Supreme Court. The trial could be delayed, depending on how the Supreme Court rules.
Attorneys for the youth plaintiffs say this is the latest in a long list of stall-tactics from the state to avoid trial. A spokesperson for the attorney general’s office in an emailed statement said the district court does not have existing laws or policies to rule on because of the legislative changes during the 2023 session.
