Click the link to read the article on The Washington Post website (Maxine Joselow and Vanessa Montalbano). Here’s an excerpt:
Today [June 12, 2023] marks the beginning of an unprecedented two-week climate trial in Montana. In the first youth-led climate case to go to trial in the United States, 16 young people are accusing the government of Montana of violating their right to a “clean and healthful environment,” which is enshrined in the state constitution, by promoting fossil fuel development…
“A strong decision could have ripple effects and inspire more climate litigation around the world,” Michael Gerrard, faculty director of Columbia Law School’s Sabin Center for Climate Change Law, said in an email.
The Details
The 16 young people — represented by Oregon-based nonprofit law firm Our Children’s Trust — filed their lawsuit in March 2020. At the time, their ages ranged from 2 to 18. The case, Held v. Montana, is named for Rikki Held, the only plaintiff who was 18 at the time. Held grew up on a 7,000-acre cattle ranch and saw how the effects of climate change — including raging wildfires and relentless droughts — threatened her family’s business. The lawsuit lists many other ways that climate change has harmed the young challengers. For example, it says dangerous air quality from wildfire smoke has made it difficult for another plaintiff to breathe.
The youths are seeking a verdict that Montana — the country’s fifth-largest coal producer and 12th-largest oil producer — has unlawfully approved fossil fuel projects without considering their climate impact. Such a ruling could require state agencies to weigh these effects before permitting any more oil, gas and coal development. It could also give more teeth to the state constitution and others like it. Two other states — New York and Pennsylvania — have established constitutional rights to a healthy environment by adopting “green amendments.” More states could follow.
“To have a court say that these plaintiffs are having their constitutional rights violated would be a bellwether for the rest of the country,” said Mat dos Santos, general counsel and managing attorney with Our Children’s Trust.