The first climate change lawsuit to go to trial is now the first climate change lawsuit victory. The following article was published in the September-October 2023 issue of NewsNotes.
Montana’s First Judicial District Court of Lewis and Clark County ruled in favor of youths, led by Rikki Held, age 22, in a lawsuit against their home state for their government’s failure to address climate change. In particular, the lawsuit overturned a state law that prevented environmental regulators from considering the effects of climate change when approving or rejecting mining projects. Judge Kathy Seely agreed with the plaintiffs that climate change, exacerbated by their government, denied them a healthy environment to which they were legally entitled.
The youths’ case was strengthened by Montana’s constitutional green amendment, which guarantees that “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.” Only two other states in the United States have similar such constitutional amendments (New York and Pennsylvania,) but nine other states have introduced similar amendments this year.
During the trial, the lawyers for the plaintiffs presented evidence on the effects of climate change and the deleterious impacts that it would have on the younger generations’ lives. The government attorneys arguing in the defense offered that the emissions for which Montana is directly responsible are too miniscule to be of significance. Judge Kathy Seeley was not persuaded by this reasoning, writing that, “emissions from Montana’s fossil fuel consumption, extraction, and infrastructure are globally significant quantities” pointing out that by conservative estimates, the state’s greenhouse gas emissions were comparable to those of the entire country of Argentina.
The decision will likely be appealed. However, as the first such lawsuit to face legal scrutiny, the outcome is an encouraging sign. The court decision is one which offers itself as a precedent for all other lawsuits of this kind, especially those arguing on the grounds of a green amendment.
Photo of youths Mica, Eva, and Rikki in the courtroom by Robin Loznak courtesy of Our Children’s Trust.