|
Dear Jackie,
We made history today! Youths in Montana won their climate lawsuit!
In the first-ever constitutional climate trial in the U.S., we represented 16 young Montanans fighting to curb climate change for their own and future generations. Today, the judge of that trial handed us all a victory by finding unconstitutional a law banning the state from considering climate change in environmental reviews under the Montana Environmental Policy Act.
During the trial in June, these youths explained to the judge, and the world, how Montana’s government is violating their right under the state constitution to a clean and healthful environment. The judge wrote in the ruling: “The [Montana Environmental Policy Act] Limitation is unconstitutionally contributing to the depletion and degradation of Montana’s environment and natural resources and contributing to Plaintiffs’ injuries. The MEPA Limitation deprives Plaintiffs of their constitutionally guaranteed rights.”
The judge's order cites the proliferation of fossil fuels in Montana and the state's refusal to consider climate impacts as causing direct harm to the youths and residents. The ruling underscores the reality that Montana’s government is actively working to undermine our constitutional rights, including our fundamental right to a clean and healthful environment.
This court decision comes as we experience the accelerating impacts of climate change–from low streamflows and lake levels to unprecedented heat waves, floods, and wildfires. These are the climate realities the youth plaintiffs and expert witnesses told us about on the stand, while the state disclaimed any responsibility and dismissed them.
We’re relieved the court recognized that these youth plaintiffs are already feeling the impacts of the climate crisis, and acknowledged the dangers threatening their future if the state doesn’t take meaningful action to address climate change.
We’re pleased the judge recognized Montana’s significant role as an emitter on the global stage, as well as its ability—constrained only by a resistant government—to rectify its disproportionate contribution to the climate crisis.
Western Environmental Law Center Senior Attorneys Barbara Chillcott and Melissa Hornbein, along with Roger Sullivan of McGarvey Law, worked as local counsel on this case developed by Our Children’s Trust.
This decision sets important precedent for other constitutional climate cases in the U.S., and, most importantly, gives these youth plaintiffs some hope for a better future.
Learn more about this important victory.
Stay tuned: We will be hosting an online event with the WELC attorneys on this case to discuss this historic win and its impacts. More details will be coming soon.
Thank you for your support!
| 
