A Court Win in Montana Could Help Climate Litigation Everywhere Else
"I think this is the strongest decision on climate change ever issued by any court,” said one environmental lawyer not involved in the case.
Supporters watch court proceedings at Montana's First Judicial District Court on June 12.
Photographer: William Campbell/Getty ImagesThree years ago, a group of 16 youth climate activists decided to take the state of Montana to court, challenging a provision in a law that limits climate change considerations during environmental reviews of proposed fossil fuel projects. This week, they won.
On Aug. 14, Judge Kathy Seeley of the Lewis and Clark County District Court in Helena, ruled in Held v. Montana that the current state law violates the youth plaintiffs’ right to a clean and healthful environment, a right spelled out explicitly in the state’s constitution. In a sweeping 103-page decision, Seeley also determined that climate change is hurting the young Montanans and that their injuries will grow with increasingly severe climate impacts.
“We are pretty over the moon,” said Melissa Hornbein, a senior attorney at Western Environmental Law Center who represented the activists, or plaintiffs.