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Montana news about the environment, natural resources, wildlife, climate change and more.

Montana Supreme Court backs youth plaintiffs in groundbreaking climate trial

A sign at a 2023 rally for the plaintiffs in the Held v. Montana climate change trial. The sign says "Montana youth have the right to a safe climate.
Ellis Juhlin
A sign at a 2023 rally for the plaintiffs in the Held v. Montana climate change trial.

The Montana Supreme Court voted 6 to 1, affirming a lower court ruling that said the state's fossil fuel friendly policies, along with a lack of action to address climate change, has violated the young people's constitutional right to a clean environment. The decision means that state agencies must now consider the greenhouse gas emissions and climate impacts of any proposed development project.

Olivia Vesovich is one of the youth plaintiffs. She's been involved with this case for the last 5 years.

“Hope is something we work towards, and that is what this case has been,” said Vesovich. “We have fought to have our voices heard. We have fought to have our case in the state and now that we got our voices heard by the Montana Supreme Court.”

Statements from the Governor and Attorney General's spokespeople reiterated their arguments from the appeal that the young people lacked standing to bring this case and that climate change is beyond the scope of the courts.

Republican lawmakers called the decision an overstep from the court into the legislature's role. Democratic leadership praised the decision. Environmental groups heralded the decision as a critical victory in the fight against climate change.

Montana is one of 6 states with environmental protections enshrined in its constitution.

Columbia University climate change law professor Michael Gerrard says although this ruling is specific to Montana, it sets an important precedent for other climate litigation.

“I think this kind of victory will embolden youth plaintiffs and others to bring similar cases in other parts of the country, and here the trial court, now affirmed by the state Supreme Court, upheld all the findings of the climate scientists. It's going to be increasingly hard for anyone to challenge those scientific findings,” said Gerrard.

Given that the case is predicated on Montana's Constitution, this ruling is the final decision. It cannot be appealed to a federal court.

Ellis Juhlin is MTPR's Environmental Reporter. She covers wildlife, natural resources, climate change and agriculture stories. She worked at Utah Public Radio and Yellowstone Public Radio prior to joining MTPR, and in wildlife conservation before becoming a journalist. She has a Master's Degree in Ecology from Utah State University and is an average birder who wants you to keep your cat indoors. Her life is run by her three dogs, one of which is afraid of birds.

ellis.juhlin@mso.umt.edu
406-272-2568
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