Gen Z Climate Change Activists Call on the Court to Force Montana to ‘Go Green’

A view across a lake toward a mountain in Glacier National Park, Montana, circa 1960. Harvey Meston/Getty Images

A group of Gen Z climate change activists is calling on the court to force the Montana government to go green in a fight over the state’s climate laws and regulations.

In Held v. Montana, 16 kids, ranging from ages 5 to 22, from across Montana argue that state legislators have put the interests of the state’s fossil fuel industry over their climate future.

Montana’s governor, attorney general, and the Republican supermajorities of both houses previously tried to stop the lawsuit from going to court but failed. The government is still determined to produce oil, gas, and coal and keep the fossil fuel industry running.

The young activist is represented by Our Children’s Trust, which filed the climate lawsuit on behalf of the young plaintiffs, and is the first case in Montana to go to trial, which is set to last two weeks.

Climate change activists hold signs while taking part in a climate protest in Los Angeles, on May 24, 2019. Frederic J. Brown/AFP via Getty Images

The lawsuit’s primary focus is on a part of the Montana Constitution that was added in 1972 that states, “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.”

“The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations,” reads Article 9, and those pivotal words “clean and healthful environment” are also guaranteed separately in the state’s bill of rights.

“This case is about the equal rights of children,” attorney Roger Sullivan said in his opening argument in Held vs. Montana earlier this week, “and their need now for extraordinary protection from the extraordinary dangers of fossil fuel pollution and climate crisis that their state government is exposing them to.”

Gov. Greg Gianforte signed a new law in May that bars regulators like the Montana Department of Environmental Quality from looking at the climate impacts of proposed projects that should have environmental reviews, like coal mines or power plants.

“Montana Renewables is a great example of what’s possible when there aren’t unnecessary sideboards on innovation. The result is a healthier environment, greater opportunity for our ag producers, and more good-paying jobs in Cascade County,” Gianforte said in a statement. “We’ll continue to champion pro-jobs, pro-business policies to support cutting-edge, job-creating businesses like Calumet.”

During the trial, the young kids have each taken the stand and testified how the effects of a warming planet are already causing them physical, emotional, and financial pain.

“You know, it’s really scary seeing what you care for disappear right in front of your eyes,” Sariel, a member of the Confederated Salish and Kootenai Tribes, said after describing how the loss of consistent snow affects everything from native plants to tribal traditions.

“Do you believe the state of Montana has a responsibility to protect this land for you?” a lawyer asked Sariel, who is being referred to only by her first name. “Yes, I do,” she replied in a soft voice. “It’s not only written in our constitution, an inherent right to a healthy land and environment, but also about being decent.”

Sariel also detailed how the climate changes to Montana’s environment directly impact her Tribal identity.

“The way we identify ourselves as Salish people, sqelixw, the root word translates to ‘flesh and land,’” Sandoval said. “That really shows the importance of our role as human beings and our connection to the land and the natural environment.”

Nate Bellinger, attorney for “Our Children’s Trust,” said the high-profile trial in a Republican-run state has led to major backlash for the plaintiffs.

“Some of them have lost friends and have been criticized by classmates, even teachers in some instances,’ Bellinger said. “The fact that they’ve stood up to their government, in the current landscape in Montana, where it’s really challenging to do that, it really demonstrates a lot of courage and persistence on their part.”

Montana’s state attorney general’s office has slammed the legal efforts by the young teens and dismissed their argument as an ulterior motive.

“This case should have never made it to trial, and we look forward to proving that. It would be impossible for the court to grant relief to the plaintiffs that would remedy their alleged injuries. The plaintiffs are just looking for another line in their next documentary,” Emilee Cantrell, a spokeswoman for Attorney General Austin Knudsen, said in a statement to NBC News.

An Environmental Protection Agency report from 2016 (pdf) found that climate change over the next few decades would likely “decrease the availability of water in Montana, affect agricultural yields, and further increase the risk of wildfires.” Montana’s glaciers have also been melting rapidly, with the EPA saying several glaciers will likely disappear by 2030 if no change is made.