‘It’s Monumental’: Montana Judge Sides with Youth Activists in Landmark Environmental Case
A Montana district judge sided with youth plaintiffs in a suit filed against the state, alleging local energy policies violated the rights of these youths to “a clean and healthy environment that includes climate as a part of the environmental support system.”
In her opinion, published Monday afternoon, Kathy Seely from the 1st District Court of Montana stated that “this judgment will influence State conduct by invalidating laws prohibiting analyses and remedies based upon GHG [Greenhouse Gas] emission and climate impacts. This will alleviate Youth Plantiffs’ injuries.”
The case was based on language in the Montana constitution that enshrined the residents’ “right” to a “clean and healthy environment” for both “present and future generation”. However, Montana laws – some of which were passed only in May – restricted local officials in incorporating “greenhouse gases and their corresponding climate impacts” into energy project approvals.
Moving forward, the state — which derives a third of its energy from coal — will have to adopt a more holistic, environmentally-conscious, approach to energy policies, according to the ruling.
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Montana’s Attorney General condemned the outcome of this case. Many observers had been closely following the case to gauge future litigation against government policies on energy. The official’s spokeswoman said that the ruling was absurd but not surprising for a judge who allowed the plaintiffs attorneys to stage a week-long publicity stunt funded by taxpayers. “Montanans cannot be blamed for the change in climate.”
Our Children’s Trust – an organization that assists the plaintiffs – applauded this decision, calling it a major step in the right directions.
Julia Olson is the executive director at Our Children’s Trust. The group that assisted the minors’ suit. She told Politico, “Today’s Montana ruling is a game changer. It marks a pivotal point in the efforts of this generation to save the world from the devastating impacts of climate chaos caused by humans.” This is a big win for Montana youth, democracy and our climate. There will be more rulings of this nature.
In recent months, similar lawsuits were filed in Virginia, Hawaii Utah and Oregon by youth activists.
Badge Busse told the New York Times that the case was “major”. It’s absolutely beautiful. “Hopefully, it will continue to be positive.”