In 2020, 16 youth plaintiffs filed a case arguing that the state of Montana is obligated to address climate change. The Held v. Montana ruling, currently awaiting judgement in the state Supreme Court, could have far-reaching impacts on regulations both in and out of state. It's raised questions about what the right to a "clean and healthful environment" means as laid out in the Montana Constitution, and has already led to changes in state law. Catch up on the story with this timeline of major developments in the Held v. Montana case.
2011
Plaintiffs argue the state is required to address climate change
Law firm Our Children’s Trust, and some of the young people that would go on to make up the 16 youth plaintiffs in the case we now know, asked the Montana Supreme Court to rule that the state is obligated to address climate change. The high court told them the case needed to start in a lower court
March, 2020
Held v. Montana case filed in District Court
Sixteen youth plaintiffs, represented by lawyers from firms Our Children’s Trust, Western Environmental Law Center, and McGarvey Law, filed the Held v. Montana case in Helena District Court. Plaintiffs say they have been and will continue to be harmed by the dangerous impacts of fossil fuels and the climate crisis. They say the state's long-standing fossil-fuel based energy system contributes to dangerous climate disruption in violation of Youth Plaintiffs’ constitutional right to a clean and healthful environment.
August, 2021
Case survives its first challenge
District court denies state’s motion to dismiss the Held v. Montana case, saying the youth plaintiffs did have standing to sue. Judge Seeley also wrote in her ruling that "Plaintiffs have a fundamental constitutional right to a clean and healthful environment, which includes climate as part of the environmental life-support system."
2022
Supreme Court denies challenges
The Montana Attorney General asks the Supreme Court to stop discovery and intervene in the Held case. Both requests are denied.
January 2023
Montana Legislative Session begins
March 16, 2023
Lawmakers repeal State Energy Policy
Republican lawmakers pass a bill to repeal Montana’s State Energy Policy, Gov. Greg Gianforte signs it into law. The policy, before being repealed, was part of the plaintiffs’ arguments in the Held case.
One of the energy policy goals repealed said the state should "… promote energy efficiency, conservation, production, and consumption of a reliable and efficient mix of energy sources that represent the least social, environmental, and economic costs and the greatest long-term benefits to Montana citizens … "
April 2023
Citing greenhouse gas emissions, judge revokes permits for new gas-fired power plant
A Yellowstone County District Court Judge revokes the permits issued by the Montana Department of Environmental Quality for construction of a new gas-fired power plant. The judge says DEQ failed to consider all the potential environmental impacts — including greenhouse gas emissions — for NorthWestern Energy's proposed Laurel Generating Facility. The ruling stops construction from beginning.
Legislature bars regulators from considering climate change
Republican lawmakers react to the district court ruling by suspending the rules to bring last-minute legislation changing Montana’s Environmental Policy Act (MEPA). This law bars regulators from considering greenhouse gas emissions and climate change impacts when assessing a proposed project. The bill was a top priority of majority leadership in both chambers, following a court ruling that revoked the air quality permit for NorthWestern Energy’s construction of a new gas plant in Laurel.
May 2023
Gov. signs ban into law
Gov. Greg Gianforte signs the bill barring regulators from considering greenhouse gas emissions into law.
May 2023
Montana prepares for trial
Montana’s assistant attorney general argued that recent legislative changes to the state’s energy policy goals, and regulations excluding greenhouse gas emissions from environmental assessment, invalidated the plaintiff’s arguments. Lewis and Clark County District Court Judge Kathy Seeley was skeptical of the state’s argument saying she didn’t think the passage of either bill affected the merits of this case.
June 2023
Trial date is set, state seeks delay
Trial date is set for June 12. Montana Attorney General Austin Knudsen asks the Supreme Court to delay the trial, but in a 6-1 decision, the court refuses.
June 2023
Held v. Montana trial begins
Held v. Montana trial begins. Judge Kathy Seeley hears testimony from the 16 youth plaintiffs, their lawyers and climate experts, and from DEQ leadership, and lawyers for the state. The trial ends early after the state decides not to bring a key witness.
August 2023
District court rules in favor of plaintiffs.
Lewis and Clark District Court Judge Kathy Seeley sided with the plaintiffs and struck down portions of state law that forbid the state from considering the impacts of greenhouse gasses and climate change in environmental policy and assessments. Seeley wrote the state failed to prove “any compelling governmental interest” to uphold the laws, and that they’re contributing to the depletion and degradation of Montana’s environment.
October 2023
State files appeal
The Montana Attorney General appeals Judge Seeley’s decision to the Montana Supreme Court, asking that her ruling not take effect while appeals were pending.
November 2023
MEPA goes under review
Montana’s Department of Environmental Quality decides to review the state’s Environmental Policy Act in light of the Held case ruling. Montana regulators tour the state to hear feedback from the public on the state’s cornerstone environmental law, the Montana Environmental Policy Act. The listening sessions come as the state announces it would appeal the district court decision that said stage agencies had to consider climate change when reviewing projects for their environmental impact.
January 2024
Supreme Court says DEQ must comply, despite pending appeals
State environmental regulators attempt to delay carrying out Judge Seeley’s ruling in the Held case as the state plans to appeal the decision. Montana Supreme Court orders DEQ to follow the ruling while appeal plays out, meaning agencies must consider climate change as part of environmental assessments.
February 2024
Montana files its appeal in Held v. Montana
The State of Montana files its opening brief in appeal. Fossil fuel companies file briefs in support of the state’s side. The state reiterates its argument that Montana is not singularly responsible for planet-warming greenhouse gas emissions, so Montana alone cannot remedy the young plaintiffs’ harm. The appeal also argues Montana's Environmental Policy Act doesn’t give state agencies the power to address climate change or how it’s harming young people.
May 2024
Supreme Court hears arguments on the gas plant permits
The Montana Supreme Court hears oral arguments on the state’s appeal of the district court ruling on the Laurel Generating Facility. Justices say they won’t rule on this case until they rule on the Held appeal.
June 2024
MEPA working group
The working group tasked with evaluating Montana’s Environmental Policy Act debates how state agencies should consider greenhouse gas emissions under the Held ruling. Some members say agencies should only analyze a project’s direct greenhouse gas emissions. Other members say the group's recommendations don’t fairly balance the economic benefits of a proposed project with its contributions to climate change.
July 2024
The Montana Supreme Court hears oral arguments in the Held appeal
Lawyers for the state argue that Montana alone is not responsible for climate change, so Montana alone can't fix it. They say state agencies can look at greenhouse gas emissions and climate change contributions, but they don't have to and they can't deny a permit for a proposed development project on the grounds of climate change.
December 2024
Montana Supreme Court backs plaintiffs, affirms lower court ruling
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.
