Last Call For Climate Of Destruction, Con't

This legal victory on climate change in Montana will go up in flames like, well, a Montana wildfire.

In the first ruling of its kind nationwide, a Montana state court decided Monday in favor of young people who alleged the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels.

The court determined that a provision in the Montana Environmental Policy Act has harmed the state’s environment and the young plaintiffs, by preventing Montana from considering the climate impacts of energy projects. The provision is accordingly unconstitutional, the court said.

The win, experts say, could energize the environmental movement and reshape climate litigation across the country, ushering in a wave of cases aimed at advancing action on climate change.

“People around the world are watching this case,” said Michael Gerrard, the founder of Columbia’s Sabin Center for Climate Change Law.

The ruling represents a rare victory for climate activists who have tried to use the courts to push back against government policies and industrial activities they say are harming the planet. In this case, it involved 16 young Montanans, ranging in age from 5 to 22, who brought the nation’s first constitutional and first youth-led climate lawsuit to go to trial.

Though the cumulative number of climate cases around the world has more than doubled in the last five years, youth-led lawsuits in the United States have faced an uphill battle. Already, at least 14 of these cases have been dismissed, according to a July report from the United Nations Environment Program and the Sabin Center. The report said about three-quarters of the approximately 2,200 ongoing or concluded cases were filed before courts in the United States.

Experts said the Montana youth had an advantage in the state’s constitution, which guarantees a right to a “clean and healthful environment.”

Coal is critical to the state’s economy, and Montana is home to the largest recoverable coal reserves in the country. The plaintiff’s attorneys say the state has never denied a permit for a fossil fuel project.

Across five days of emotional testimony in June, the youths made claims about injuries they have suffered as a result of climate change. A 15-year-old with asthma described himself as “a prisoner in my own home” when isolating with covid during a period of intense wildfire smoke. Rikki Held, the 22-year-old plaintiff for whom the lawsuit is named, detailed how extreme weather has hurt her family’s ranch.

Held testified that a favorable judgment would make her more hopeful for the future. “I know that climate change is a global issue, but Montana has to take responsibility for our part in that,” she said.

Attorneys for the state countered that Montana’s contribution to global greenhouse gas emissions is small. If the law in question were altered or overturned, Montana Assistant Attorney General Michael Russell said, there would be “no meaningful impact or appreciable effect” on the climate.

The state began and rested its defense on the same day, bringing the trial to an unexpectedly early close on June 20. In a pivot from its expected defense disputing the climate science behind the plaintiffs’ case, the state focused instead on arguing that the legislature should weigh in on the contested law, not the judiciary.

Russell derided the case in his closing statement as a “week-long airing of political grievances that properly belong in the Legislature, not a court of law.”

Gerrard said the change in strategy came as a surprise: “Everyone expected them to put on a more vigorous defense,” he said. “And they may have concluded that the underlying science of climate change was so strong that they didn’t want to contest it.”

 

This should be a monumental victory, a watershed moment for, well, watersheds, and aquifers, and fossil fuels being sequestered, because the teenagers of today are going to have to deal with the record storms, floods, hurricanes, wildfires and heat waves of tomorrow. We've sentenced them to trying to survive triple digit temperatures six months out of the year and huge floods for the other six, just so we can drive to the mall in our Yukon Denalis.

Instead I expect this case to go to SCOTUS and in a few years we'll get a 6-3 case overturning any right for people to sue over climate change in any capacity.

It is an important win.

It'll go up in smoke anyway, just like everything else around here.