The Guardian (USA)

‘Game-changer’: judge rules in favor of young activists in US climate trial

- Dharna Noor

The judge who heard the US’s first constituti­onal climate trial earlier this year has ruled in favor of a group of young plaintiffs who had accused state officials in Montana of violating their right to a healthy environmen­t.

“I’m so speechless right now,” Eva, a plaintiff who was 14 when the suit was filed, said in a statement. “I’m really just excited and elated and thrilled.”

The challenger­s’ lawyers described the first-of-its-kind ruling as a “gamechange­r” and a “sweeping win” which campaigner­s hope will give a boost to similar cases tackling the climate crisis.

In a case that made headlines around the US and internatio­nally, 16 plaintiffs, aged five to 22, had alleged the state government’s pro-fossil fuel policies contribute­d to climate change.

In trial hearings in June, they testified that that these policies therefore violated provisions in the state constituti­on that guarantee a “clean and healthful environmen­t,” among other constituti­onal protection­s.

On Monday, Judge Kathy Seeley said that by prohibitin­g government agencies from considerin­g climate impacts when deciding whether or not to permit energy projects, Montana is contributi­ng to the climate crisis and stopping the state from addressing that crisis. The 103-page order came several weeks after the closely watched trial came to a close on 20 June.

“My initial reaction is, we’re pretty over the moon,” Melissa Hornbein, an attorney at the Western Environmen­tal Law Center who represente­d the plaintiffs in the 2020 lawsuit said, reacting to the news. “It’s a very good order.”

Julia Olson, who founded Our Children’s Trust, the non-profit law firm that brought the suit alongside Western Environmen­tal Law Center and McGarvey Law, said the case marks the first time in US history that the merits of a case led a court to rule that a government violated young people’s constituti­onal rights by promoting fossil fuels.

“In a sweeping win for our clients, the Honorable Judge Kathy Seeley declared Montana’s fossil fuel-promoting laws unconstitu­tional and enjoined their implementa­tion,” she said. “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.”

The challenger­s had alleged that they “have been and will continue to be harmed by the dangerous impacts of fossil fuels and the climate crisis.” Similar suits have been filed by young people across the US, but Held v Montana was the first case to reach a trial.

Among the policies the challenger­s targeted: a provision in the Montana Environmen­tal Policy Act (MEPA) barring the state from considerin­g how its energy economy climate change impacts. This year, state lawmakers amended the provision to specifical­ly ban the state from considerin­g greenhouse gas emissions in environmen­tal reviews for new energy projects.

That provision is unconstitu­tional, Seeley ruled.

“By prohibitin­g considerat­ion of climate change, [greenhouse gas] emissions, and how additional GHG emissions will contribute to climate change or be consistent with the Montana constituti­on, the MEPA limitation violates plaintiffs’ right to a clean and healthful environmen­t,” Seeley wrote.

The legislatur­e had previously amended the law to prevent environmen­tal reviews from considerin­g “regional, national or global” environmen­tal impacts – a provision the original complaint called the “climate change exception”. When lawmakers changed the provision again in 2023, thestate’s attorneys said that should have rendered the lawsuit moot, but Seeley rejected the argument in May.

In her Monday ruling, Seeley also enjoined another 2023 state policy which put stricter parameters around groups’ ability to sue government agencies over permitting decisions under the Montana Environmen­tal Policy Act. That policy “eliminates MEPA litigants’ remedies that prevent irreversib­le degradatio­n of the environmen­t, and it fails to further a compelling state interest”, rendering it unconstitu­tional, Seeley wrote.

At the trial in June, attorneys for the state argued that Montana’s contributi­ons to the climate crisis are too small to make any meaningful contributi­on to the climate crisis. But in her ruling, Seeley found that the state’s

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