The ruling follows a first-of-its-kind trial in the U.S., adding to a small number of legal decisions around the world that have established a government duty to protect citizens from climate change.
Lead plaintiff Rikki Held listens to testimony during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on, June 20, 2023, in Helena, Mont.
District Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits — which does not allow agencies to evaluate the effects of greenhouse gas emissions — is unconstitutional.Judge Seeley wrote in the ruling that"Montana's emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana's environment and harm and injury" to the youth.
"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," said Olson, the executive director of Our Children's Trust, an Oregon environmental group that has filed similar lawsuits in every state since 2011.
The plaintiffs said those changes were harming their mental and physical health, with wildfire smoke choking the air they breathe and drought drying out rivers that sustain agriculture, fish, wildlife and recreation. Native Americans testifying for the plaintiffs said climate change affects their ceremonies and traditional food sources.
But Seeley said the state's attorneys failed to give a compelling reason for why they were not evaluating greenhouse gas impacts. She rejected the notion that Montana's greenhouse gas emissions are insignificant and noted that renewable power is"technically feasible and economically beneficial," citing testimony from the trial indicating Montana could replace 80% of existing fossil fuel energy by 2030.
Since its founding, Our Children's Trust has raised more than $20 million to press its lawsuits in state and federal court. No previous attempts reached trial.
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