On Monday, a lawsuit kicked off against the state of Montana, brought by young activists who say that energy policies that contribute to climate change have deprived them of their futures.
The case was brought by 16 people between the ages of five and 22 — two and 18 when first filed — invoking a clause in the Montana state constitution that gives residents the right to “a clean and healthful environment." They claimed that it is the state's responsibility to “maintain and improve a clean and healthful environment in Montana for present and future generations.”
A judge from the Lewis and Clark County District Court allowed the suit to move forward last month, determining that the state of Montana “did not establish any undisputed facts” that refuted the plaintiff's case. Judge Kathy Seeley wrote in her order that whether or not the constitutional rights of the youth were violated “will be determined after trial.”
“Based on the pleadings and discovery, there appears to be a reasonably close causal relationship between the State’s permitting of fossil fuel activities under [the Montana Environmental Protection Act], [greenhouse gas] emissions, climate change, and Plaintiffs’ alleged injuries," she wrote.
The state argued that greenhouse gases are emitted largely by private companies not under their direct control, but Seeley determined that the government can "clearly regulate fossil fuel activities” which would “alleviate the environmental effects of climate change ... if they were allowed to consider GHG emissions and climate impacts during MEPA review.”
“The State may not have the power to regulate out-of-state actors that burn Montana coal, but it could consider the effects of burning that coal before permitting a new coal mine,” Seeley wrote. “This Court cannot force the State to conduct that analysis, but it can strike down a statute prohibiting it.”
