Montana Judge Sides With Youth Activists in Landmark Climate Change Trial

A youth climate activist uses a bullhorn during a protest in San Ramon, Calif., on Sept. 27, 2019. Justin Sullivan/Getty Images

A judge in Montana has sided with 16 young activists in the nation’s first climate change trial, ruling that state agencies infringed on plantiff’s right according to the state’s Constitution to a clean environment by promoting the use of fossil fuels.

Attorneys for the 16 plaintiffs, ranging in age from 5 to 22, presented evidence during a two-week trial arguing that they will not be able to lead “live clean and healthy lives in Montana” while experiencing more frequent and extreme weather events and other climactic events they linked with elevated greenhouse gases in the atmosphere.

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 also told the court that climate change was impacting their ceremonies and traditional food sources.

District Court Judge Kathy Seeley ruled (pdf) that the plaintiffs had proven their legal standing by showing “past and ongoing injuries” resulting from the state’s failure to act on greenhouse gases and climate change.

“Every additional ton of GHG [greenhouse gases] emissions exacerbates plaintiffs’ injuries and risks locking in irreversible climate injuries,” the judge stated in the 103-page summary and order on Aug. 14.

Judge Seeley said the injuries suffered by the plaintiffs would worsen over time, becoming “increasingly severe and irreversible” unless science-based measures are taken to address climate change.

“Plaintiffs have proven that they have suffered injuries that are concrete, particularized, and distinguishable from the public generally,” the judge said.

According to the witness testimony heard by the court, there is “a fairly traceable connection” between the Montana Environmental Policy Act (MEPA) Limitation and the state’s allowance of resulting fossil fuel greenhouse gas emissions.

The judge also determined that the state’s policy for evaluating requests for fossil fuel permits—which does not allow agencies to look at greenhouse gas emissions—is unconstitutional.

“In terms of per capita emissions, Montana’s consumption of fossil fuels is disproportionately large, and only five states have greater per capita emissions. Montana is a major emitter of GHG emissions in the world in absolute terms, in per person terms, and historically,” the summary said in Findings of Fact from witnesses.

Hundreds of climate protesters walk from Times Square to New York Governor Kathy Hochul’s office to demand more action against climate change on Nov. 13, 2021 in New York City. The protesters, representing a cross section of environmental groups, are demanding that New York State do more to pass legislation that will hold major companies with a history of polluting accountable. Spencer Platt/Getty Images

Montana’s governor, attorney general, and the Republican supermajorities of both houses previously tried to stop the lawsuit from going to court but failed. Many residents in the state work in the production of oil, gas, and coal.

Gov. Greg Gianforte signed a new law in May that bars regulators like the Montana Department of Environmental Quality from looking into potential climate impacts of newly proposed projects.

Ruling Sets New Precedent

Julia Olson, executive director of advocacy group Our Children’s Trust—the environmental group that filed the climate lawsuit on behalf of the young plaintiffs—said the Montana ruling would be “a game-changer” in legislation around climate change.

Ms. Olson said this marked the first time in U.S. history that a court has ruled on the merits of a case, affirming that the government violated children’s rights through laws and actions promoting fossil fuels.

Kian Tanner, one of the plaintiffs, said in a statement via Our Children’s Trust that the Montana ruling has shown that the voices of the youth are being heard by the authorities. “We set the precedent not only for the United States but for the world.”

The young plaintiffs did not seek monetary compensation through their lawsuit, according to the environmental group.

However, it’s up to the Montana Legislature to determine how to bring the state’s policies into compliance. The state has 60 days to decide whether to appeal the decision to the Montana Supreme Court.

Only a few states, including Pennsylvania, Massachusetts, and New York, have state constitutions with similar environmental protections.

Elizabeth Dowell and The Associated Press contributed to this report.