Landmark Climate Decision Rules in Favor of Montana Youth

The ruling in Held v. Montana is the first of its kind in the United States, according to reports.

2 minute read

August 15, 2023, 9:00 AM PDT

By James Brasuell @CasualBrasuell


Montana

Glacier National Park in Montana provides some of the most conspicuous vantages of the effects climate change in the United States. | Scott Feddes / Shutterstock

As reported by Kate Selig in a paywalled article for the Washington Post, a state court in Montana ruled that recent state laws violated the rights of the plaintiffs for a “clean and healthful environment,” as determined by the state’s constitution.

“The court determined that a provision in the Montana Environmental Policy Act has harmed the state’s environment and the young plaintiffs by preventing Montana from considering the climate impacts of energy projects,” according to Selig.

The article describes the ruling as a “monumental,” “landmark” ruling, and “one of the strongest decisions on climate change ever issued by a court.” The ruling is also described as “a rare victory for climate activists.”

Planetizen first shared news of Held v. Montana in February 2022. Several other youth-led climate lawsuits have achieved varying degrees of success in recent years, including cases in Oregon and Hawai’i.

“Though the cumulative number of climate cases around the world has more than doubled in the last five years, youth-led lawsuits in the United States have faced an uphill battle. Already, at least 14 of these cases have been dismissed, according to a July report from the U.N. Environment Program and Columbia University’s Sabin Center for Climate Change Law,” reports Selig. “The report said about three-quarters of the approximately 2,200 ongoing or concluded cases were filed before courts in the United States.”

Held v. Montana is expected to face an appeal before the Montana State Supreme Court.

Monday, August 14, 2023 in The Washington Post

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