A Historic Ruling: Judge Rules That Fossil Fuel Policies Violate Rights

In a landmark ruling in August 2023, a Montana judge found that the state violated people's constitutional rights to a clean and healthy environment by promoting fossil fuels. This is the first time a U.S. court has connected the government's promotion of fossil fuels with harm from climate change neglect. It’s a huge win for the climate movement.

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The ruling in this case is a huge win for the climate movement and shows that young people's voices are being heard. It sets a precedent for other cases to come and is a step towards a healthier, more sustainable future for all. 

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Held vs. State of Montana

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The Held vs. Montana case involved 16 Montana youths aged 5 to 22 who want to tackle their eco anxiety and protect their rights to a healthy environment, life, dignity, and freedom.

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In 2019, Montana emitted approximately 32 million metric tons of carbon dioxide into the air. This is equivalent to the total emissions of nations such as Ecuador, Ireland, New Zealand, Norway, Sweden or Switzerland.

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During the 2 week trial, the youth plaintiffs and 10 expert witnesses argued that the state violated their constitutional right to a clean environment, including safeguarding air, water, wildlife, and public lands from climate-related threats like droughts, wildfires, and floods.

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The youth were represented by attorneys with the nonprofit U.S. law firm Our Children’s Trust, the Western Environmental Law Center, and McGarvey Law.

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Judge rules in favor of youth in Held vs. Montana

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Judge Kathy Seeley of Montana’s First Judicial District Court ruled in favor of 16 young plaintiffs in the Held vs. Montana case, stating that laws prohibiting climate change consideration in fossil fuel activities in Montana’s Environmental Policy Act were unconstitutional.

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The decision affirmed that a stable climate is included in a right to a “clean and healthful environment”, guaranteed in the state’s constitution.

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It also highlighted the impact of climate change, irreversible injuries from greenhouse gas emissions, and the need for science-based climate measures.

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The Montana ruling confirmed that climate change is caused by fossil fuel usage and that every additional ton of greenhouse gas pollution warms the planet. The state has until mid-October 2023 to consider an appeal to the Montana Supreme Court. If Judge Seeley’s ruling is upheld, it will compel Montana to consider climate change when deciding whether to approve or renew fossil fuel projects

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Held vs. Montana could inspire more youth-led climate lawsuits across the U.S.

This is the first time a U.S. court has connected the government's promotion of fossil fuels with harm to youth from climate change neglect.

Non-profit law firm Our Children’s Trust which supports these youth-led constitutional climate lawsuits has pending cases in four other states. One of those cases which was brought by Hawaii youth plaintiffs, is set to go to trial in June 2024.

Juliana v. United States, which was also filed by Our Children’s Trust in 2015 against the federal government is also back on the path to trial after suffering years of setbacks.

This could also inspire additional lawsuits in states like New York and Pennsylvania that guarantee constitutional rights to a clean environment like Montana.

The decision is proof that when we work together and stand up for our collective rights, we can make a real difference. Let's celebrate this victory and continue to fight for a cleaner, brighter future.

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