The landmark climate trial in the state of Montana, which examines whether the state is infringing on young people’s right to a healthy environment, concluded early on Tuesday. This trial could have significant implications for policy in a state known for its large coal reserves and potentially influence similar cases outside of Montana. The lawsuit, Held v. Montana, was initiated by a group of 16 youths aged between five and 22, who argue that they have and will continue to suffer from the harmful effects of fossil fuels and climate change. The trial is the first of its kind to proceed to court in the nation.
Rikki Held, a fifth-generation rancher from eastern Montana, serves as the lead plaintiff in the case. Her family’s land and livestock have been devastated by increasingly severe wildfires that have plagued the state in recent years. Unfortunately, a provision within the Montana Environmental Policy Act prevents officials from considering the consequences of climate change when approving new energy projects. However, Montana’s constitution guarantees the right to a “clean and healthful environment” for its residents and future generations. Held and the other plaintiffs argue that this environmental policy violates that right and have taken the state to court. If successful, they could compel the state to not only eliminate the provision but also assess the potential damage that new fossil fuel projects could have on the climate.
The impacts of climate change, including longer wildfire seasons and more frequent and widespread fires, have already affected the United States. Held testified about the fires that surrounded her family’s ranch, describing how her family lost cattle during a particularly devastating wildfire in 2012. In recent years, the ranch has faced repeated fires and experienced disruptions to its electricity and running water due to the blazes. The adverse effects of climate change on her family’s business were evident with ash falling from the sky, nearby towns being evacuated, and highway closures.
Environmental law experts have praised the compelling case made by the young plaintiffs and their personal testimonies of how climate change has affected them. Scientists also testified about the detrimental effects of burning fossil fuels on health and the environment. The trial concluded earlier than expected after the state rushed through its arguments on Monday. The state’s case was deemed inadequate and a “joke” by legal experts, as the defendants chose not to call on key witnesses.
In its defense, the state of Montana has argued that it should not be held responsible for a global problem, and that action on climate change must be determined through legislation rather than the court system. This argument has been made before by defendants, but it has proven ineffective in previous cases. The Supreme Court ruled in 2007 that the Environmental Protection Agency has the authority to regulate greenhouse gas emissions under the Clean Air Act, dismissing the argument that individual states should not be held accountable due to their relatively small emissions compared to the global scale.
The presiding judge, Kathy Seeley, will take several months to deliberate before delivering a ruling in this case. Legal experts believe there is a strong chance that Judge Seeley will find it unconstitutional for the state to ignore the effects of climate change in permitting decisions. However, regardless of the outcome, the decision is likely to face further legal challenges, potentially reaching the Supreme Court of Montana.
The plaintiffs are represented by the nonprofit law firm Our Children’s Trust, which has supported youth climate cases in all 50 states. Although the outcome of the Montana case may not directly impact other cases, as each relies on the interpretation of state laws, the fact that this trial took place could provide momentum for similar cases. Other trials may follow now that the barrier has been broken, allowing courts to have a precedent for conducting these types of climate trials. For example, a climate case against Hawaii’s Department of Transportation is expected to go to trial later this year. Additionally, Our Children’s Trust represents a group of young people in the suit Juliana v. United States, which is set to go to trial after years of legal challenges.
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