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.
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.
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. The nonprofit law firm Our Children’s Trust, which represents the plaintiffs, has taken legal action on behalf of youths in all 50 states, and has cases pending in four other states.