Judge sides with young activists in first-of-its-kind climate change trial in Montana

A Montana judge on Monday sided with young environmental activists who said state agencies were violating their constitutional right to a clean and healthful environment by permitting fossil fuel development without considering its effect on the climate.

The ruling in the first-of-its- kind trial in the U.S. adds to a small number of legal decisions around the world that have established a government duty to protect citizens fromDistrict Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits — which does not allow agencies to evaluate the effects of greenhouse gas emissions — is unconstitutional.

Judge Seeley wrote in the ruling that “Montana’s emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury” to the youth.However, it’s up to the state Legislature to determine how to bring the policy into compliance. That leaves slim chances for immediate change in a fossil fuel-friendly state where Republicans dominate the statehouse.

Julia Olson, an attorney representing the youth and with Our Children’s Trust, an Oregon environmental group that has filed similar lawsuits in every state since 2011, celebrated the ruling. “As fires rage in the West, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos,” Olson said in a statement. “This is a huge win for Montana, for youth, for democracy, and for our climate. More rulings like this will certainly come.”

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