Judge sides with activists in world’s first climate change trial: State of Montana violated children’s rights by ignoring global warming, court rules

A judge has ruled in favor of young people who claimed Montana’s use of fossil fuels contributed to the climate crisis and harmed their health.

The ‘monumental decision’ was based on the state’s policy in evaluating applications for fossil fuel permits — preventing agencies from assessing the effects of greenhouse gas emissions — was found to be unconstitutional.

The youngsters, from five to 22 years old, did not seek a payout after a victory but wanted defendants to “bring the state’s energy system into line with the Constitution.”

Experts said prosecutors had the Montana Constitution on their side, which likely helped the verdict.

Article nine reads, “The state and every person shall maintain and enhance a clean and healthy environment in Montana for present and future generations.”

The trial took place in June and the plaintiffs spent five days sharing stories of injuries they believe were a result of climate change and how their homes were negatively affected.

District Court Judge Kathy Seeley wrote in the ruling that “Montana’s emissions and climate change have been proven to be a substantial factor in causing climate impacts on Montana’s environment and damage and injury” to youth.

Now the ruling is in the hands of the state legislature, which must determine how to bring policies into line.

That leaves slim opportunities for immediate change in a fossil fuel-friendly state where Republicans dominate the state House.

Montana has the nation’s largest recoverable coal reserves — over 74 billion tons — nearbyly one-third of the US total, according to the MBMG Coal Program.

The state also ranks sixth in coal production, with about 30 million tons produced annually from 6 mines.

In 2022, coal generated 42 percent of Montana’s electricity generation, but the resource provided more than half through 2016.

This is compared with hydro at 41 percent and wind at 12 percent, according to the U.S. Energy Information Administration (EIA).

The youths aged five to 22 did not want a payout after a victory, but wanted defendants to “bring the state’s energy system into line with the Constitution.” Shown are the claimants and ages at the time of filing

Now the ruling is in the hands of the state legislature, which must determine how to bring policies into line. That leaves slim chances for immediate change in a fossil fuel-friendly state where Republicans dominate the state House

Pictured are some of the plaintiffs on June 12 in Montana – the first day of the hearing

Part of the hearing heard the plaintiff’s attorneys state that Montana has never denied a permit for a fossil fuel project, That reports the Washington Post.

Judge Seeley learned of a 15-year-old plaintiff who has asthma.

He told the court how he felt “a prisoner in my own home” when I was isolated with COVID during intense wildfire smoke, which he said was due to climate change.

Rikki Held, the 22-year-old prosecutor, has spoken out about her family-owned cattle ranch, which she says has also been destroyed by the climate crisis.

Part of the hearing heard plaintiff’s attorneys argue that Montana has never denied a permit for a fossil fuel project

Held said her family farm relied on the nearby Powder River to grow crops and hydrate livestock.

The river dried up in 2007, and in the spring of 2017, “abnormally high temperatures due to the climate crisis caused the frozen river to rapidly melt and overflow,” the lawsuit alleged.

The state argued that even if Montana completely stopped producing carbon dioxide, it would not affect the global scale because states and countries around the world contribute to the amount of C02 in the atmosphere.

“I know climate change is a global problem, but Montana must take responsibility for our part in it,” Held said at the hearing.

The lawsuit, filed in March 2020, described how children are more vulnerable to the impacts of the climate crisis, noting that it “harms their physical and psychological health and safety, disrupts family and cultural foundations and integrity, and causes economic hardship.”