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Montana Youths Take on Climate Change in Landmark Lawsuit: Fighting for a Clean and Healthy Future

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Nicholas Vincent is a passionate environmentalist and freelance writer. He is deeply committed to promoting... Read More

Sixteen young Montanans are taking their state to court in the first-ever youth constitutional climate case in the United States. The lawsuit, Held et al. v. Montana, filed on March 13, 2020, asserts that the state’s Support for a fossil fuel-driven energy system violates their constitutional right to a clean and healthful environment. The case cites Article II, Section 3 of Montana’s Constitution, which guarantees the rights of all persons to enjoy and defend their lives, acquire and protect property, and seek safety, health, and happiness in all lawful ways while recognizing corresponding responsibilities.

The plaintiffs argue that Montana’s State Energy Policy, parts C-G, and the Climate change Exception in the Montana Environmental Policy Act (MEPA) Section 2, part A, passed in 1971, are unconstitutional. They are asking the court to declare them so and to order the state to develop a remedial plan based on scientific research to protect their constitutional rights from continuing to be violated. The trial is on June 12 before Montana’s 1st Judicial District Judge Kathy Seeley.

The case is unique in that it argues a violation of their enshrined constitutional rights to a clean environment. Additionally, redressability was established by Judge Seeley when she found that courts could not outline an action plan to reduce actions contributing to Climate change but that if the state policies are found unconstitutional, the plaintiffs will be able to change the way the state makes decisions on future projects that impact Climate change in Montana.

The plaintiffs range in age from 2-18 years old and are from various parts of Montana. They argue that greenhouse gas emissions from the state’s energy policy are causing adverse health risks, extreme weather events, glacial melt, wildfires, changing precipitation patterns, droughts, and floods in Montana, affecting everyone from ranchers to outdoor enthusiasts. The case names former Gov. Steve Bullock and several Montana state agencies as defendants.

While the state has pushed back against the case, the plaintiffs remain committed to holding the government accountable. They argue that more is needed for individuals to make small changes in their lives, as the problem is systemic. They urge policymakers to take immediate action to reduce fossil fuel emissions and protect all citizens’ rights to a clean and healthful environment.

As concerned citizens, we are responsible for supporting these young plaintiffs as they fight for their constitutional rights and the planet’s health. We can contact our elected officials to demand action on Climate change, reduce our carbon footprint by making lifestyle changes, and Support clean energy initiatives in our communities. By working together, we can create a sustainable future for future generations.