Montana top court upholds landmark youth climate ruling
The Montana Supreme Court upheld the decision of a lower court that had sided 16 young activists who claimed that the state had violated their rights to a clean environmental.
Students filed the lawsuit, arguing that an unconstitutional state law prohibiting consideration of climate in choosing energy policy.
The top court ruled that plaintiffs between the ages of five and 22 had a constitutional “fundamental right” to a healthy and clean environment.
The state appealed a decision made by a district judge last year. There are similar climate lawsuits being filed across the US, but this is the first time that a state’s supreme court has ruled on one.
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The lawsuit was filed against a state law from 2011 that prohibited environmental reviews from considering climate impacts in deciding new projects like the construction of new power plants.
The court cited a constitutional clause dating back 50 years that stated “the state and each individual shall maintain and improve an environment clean and healthy in Montana for current and future generations”.
In the ruling of Wednesday, the court stated that “plaintiffs demonstrated at trial that climate change harms Montana’s environment life support system right now and will continue to do so for the foreseeable.
Rikki Hold, the lead plaintiff, stated in a press release that “this decision is a win not only for us but for all young people whose futures are threatened by climate changes”.
Montana officials expressed their disappointment at the court’s ruling.
The Governor Greg Gianforte stated that his office is still assessing this ruling. He predicted, however, the result would be “perpetual suits which will waste taxpayers’ dollars and increase energy bills for hardworking Montanans”.
Western Environmental Law Center (WELC), which represented the young plaintiffs in the case, stated in a press release that this decision marked “a turning point for Montana’s energy policies”.
The statement said that plaintiffs and their lawyers “are committed to the full implementation” of the ruling.
Other states such as Hawaii, Utah, Alaska and Australia as well as countries like Pakistan, Colombia, Uganda, New Zealand and Australia are also scheduled to hear similar cases.
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