Montana young folks win landmark climate case

In a huge dub for youths, yesterday a Montana state court ruled in favor of young people who claimed the state violated their right to a clean environment by allowing the proliferation of fossil fuels without checking their impact on climate change.

The case was the first of its kind to go to trial, but similar suits are pending throughout the US.

The lawsuit hinged on two things:

• Part of the Montana Environmental Policy Act (MEPA) that made it illegal for regulators to consider how new mining projects would contribute to climate change.
• A clause in Montana’s state constitution saying the state will “maintain and improve a clean and healthful environment in Montana for present and future generations.”

The judge determined that the MEPA provision violated Montana’s environmental guarantee because the state’s fossil fuel emissions contributed to climate change, causing injury to the plaintiffs—including heightened respiratory complications from wildfire smoke and other natural disasters caused by climate change.

Big picture: Our Children’s Trust, the nonprofit law firm representing the plaintiffs, called the decision a “sweeping” victory, though the state is likely to appeal. Experts believe this could set a precedent for future climate litigation, including a pending federal case, but it’s unclear how the issue would ultimately fare before the Supreme Court.