Named Plaintiff, Rikki Held, one of 16 youth plaintiffs in Held v. State of Montana. Photo courtesy of Our Children’s Trust.

By Susan Messer

In a past One Earth newsletter, I wrote about Held v. State of Montana, the youth climate trial that concluded in June. The 16 young plaintiffs in that case, represented by Our Children’s Trust, asked the court to declare that Montana's fossil fuel energy policies and actions violated their state constitutional rights. Further, they wanted the court to tell the government that it is unconstitutional to keep exploiting fossil fuels rather than transitioning to clean energy.

Hooray!

In August, Judge Kathy Seeley ruled wholly in favor of these young people, declaring that the state of Montana has and is violating their constitutional rights, including their rights to equal protection, dignity, liberty, health, and safety, which are all predicated on their right to a clean and healthful environment. The court also stated that Montana laws promote the extraction and use of fossil fuels because they prevent state regulators from considering climate impacts and greenhouse gas emissions (GHGs) as part of their environmental impact processes—finding those laws unconstitutional. And the court ruled that the youth plaintiffs had proven their standing to bring the case by showing significant injuries, that the government had a substantial role in causing those injuries, and that a judgment in their favor would change the government’s conduct.

Here are just a few specifics from Judge Seeley’s 103-page ruling:

· “Each additional ton of GHG emitted into the atmosphere exacerbates impacts to the climate."

· “Every additional ton of GHG emissions exacerbates Plaintiffs’ injuries and risks locking in irreversible climate injuries.”

· “Plaintiffs’ injuries will grow increasingly severe and irreversible without science-based actions to address climate change.”

· “Plaintiffs have proven that as children and youth, they are disproportionately harmed by fossil fuel pollution and climate impacts.”

· “The State authorizes fossil fuel activities without analyzing GHGs or climate impacts, which result in GHG emissions in Montana and abroad that have caused and continue to exacerbate anthropogenic climate change.”

· The amount of additional GHG emissions emitted into the climate system today and in the coming decade will impact the long-term severity of the heating and the severity of Plaintiffs’ injuries.”

· “Montana's GHG contributions are not de minimis but are nationally and globally significant. Montana's GHG emissions cause and contribute to climate change and Plaintiffs' injuries and reduce the opportunity to alleviate Plaintiffs' injuries.”

Despite this excellent outcome, the young people’s campaign is not over. Attorneys for the state of Montana are likely to appeal the Held decision. But in the meantime: Thank you, Judge Seeley, for your careful reasoning. Thank you, youth plaintiffs, for your courage and persistence. Thank you, Our Children’s Trust, for the commitment, strategic thinking, and legal expertise that made this judgment possible. And although I may be dreaming, I will thank the state of Montana in case its leaders accept and embrace the wisdom of this decision.

Editor’s Note: The 2020 film by Christi Cooper “YOUTH v GOV” documents American youth who have tackled this topic since 2015, suing the U.S. government for violating their constitutional rights to life, liberty, personal safety, and property. Previously a part of One Earth Film Festival and screened in collaboration with Facets Chicago, YOUTH V GOV is now available on Netflix. Learn more.