By: Frankely Ramirez
In the state of Montana, 16 young adults have sued the state due to the states contribution in harming its environment by promoting the extraction and usage of fossil fuels in which, the plaintiffs argue, violates their rights as humans. These rights in Montana’s constitutions are known as “Green amendments”, which ensures everyone has a clean environment. This is shown in Article IX, Section 1 of the Montana constitution which states: “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations, and in Article II, Section 3 of Montana’s constitution which states: “All [People] are born free and have certain inalienable rights. They include the right to a clean and healthful environment…” Though this case was first on trial on June 12, 2023, on August 14, 2023, the judges ruled in favor of the plaintiffs.
https://dailymontanan.com/2023/08/14/judge-sides-with-youth-in-montana-climate-change-trial-finds-two-laws-unconstitutional/
Photo by: Blair Miller, Daily Montanan
The ruling by Lewis and Clark District Court Judge Kathy Seeley is the first ever legal opinion of its kind, stating that environmental harms caused by greenhouse gas emissions as well as climate change effects the wellbeing of young people. It also states that the state of Montana has to take climate change into consideration when implementing new policies. The state attorney general’s office said it would appeal the decision to the Montana Supreme Court, with a spokesperson arguing that the whole case was “absurd.”
The number of climate cases around the world has more than doubled in recent years, but at least 14 youth led cases have been dismissed, according to a July report from the U.N. Environment Program and Columbia University’s Sabin Center for Climate Change Law. Held v. Montana will undeniably pave the way for not only climate change lawsuits, but also youth led lawsuits.
Photo by: Amanda Eggert
Though the ruling was done only a week ago, the importance and impact can already be seen. With the Juliana v. United States and Navahine F. v. Hawaiʻi Department of Transportation cases, youth climate cases are set to continue into next year. Both of these case’s lawyers are the same ones from the Held v. Montana case with the Our Children's Trust organization. Six states and around 150 countries have also implemented the same “Green Amendment” rights similar to the ones in Montana, and the Held ruling will undeniably come into play in those jurisdictions.
Though this case won’t stop climate change, as it is only holding one state accountable, cases like those that are to come will ultimately put money-hungry policy makers in check, as well as better the future and help clean our environment. Held v. Montana will be one of the most important cases that future generations will look back on to see when we’ve stopped implementing these harmful policies that hurt our earth, and finally combat climate change.
Sources:
https://www.washingtonpost.com/climate-environment/2023/08/14/youths-win-montana-climate-trial/
https://www.hcn.org/articles/climate-change-how-climate-science-won-in-the-montana-youth-climate-case#:~:text=The%20ruling%20in%20Held%20v,environmental%20protections%20in%20their%20constitutions.&text=Montana%20laws%20ignoring%20climate%20change,a%20state%20judge%20ruled%20Monday.
https://montanafreepress.org/2023/08/17/this-changes-everything-experts-respond-to-landmark-youth-climate-ruling/
https://montanafreepress.org/2023/08/17/this-changes-everything-experts-respond-to-landmark-youth-climate-ruling/
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