The first trial related to climate change in the United States opened Monday in Montana, after a dozen young people filed suit against the northwestern state, accusing it of violating their constitutional right to a “clean and healthy environment”.
The case, dubbed “Held v. Montana,” is being watched closely because its outcome could support other lawsuits across the country, targeting both the fossil fuel industry and the authorities.
The 16 plaintiffs, aged 5 to 22, say the “dangerous effects of fossil fuels and the climate crisis” have harmed them — with children being “singularly vulnerable” to these worsening effects.
Lead plaintiff Rikki Held, whose family owns a ranch in eastern Montana, gave emotional testimony at times. The 22-year-old told how their way of life and livelihood had been directly affected by the wildfires, extreme temperatures, and drought that are increasingly hitting this state known for its wild and verdant landscapes.
Rikki Held spoke in particular of a forest fire which had destroyed kilometers of high voltage lines and caused the loss of power for their ranch for a month, causing the death of heads of cattle because the family could not pump water.
In 2021, smoke and ash from the fires had saturated the air “all summer”, explained this graduate in environmental sciences.
The trial, being held in Helena, the capital of Montana, is scheduled to run through June 23.
At the heart of the debates, an article of the local constitution stipulating that “the State and everyone must maintain and improve a clean and healthy environment in Montana for present and future generations”.
The plaintiffs also question the constitutionality of a Montana law that prohibits the local government from considering climate impacts when deciding whether or not to grant permits to fossil fuel companies.
They do not demand any compensation, but ask that a statement be drawn up stating that their rights are infringed. This should be a first step towards legislative action.
In his opening remarks, attorney Roger Sullivan spoke about the amplified effects of global warming on Montana’s youth.
“Heat, drought, forest fires, air pollution, violent storms, disappearance of local wildlife, melting glaciers, loss of pillars and family and cultural traditions”, he listed, also referring to the medical damage and psychological issues that disproportionately affect young people.
In addition, the lawyer argued that the state had conducted a disastrous energy policy, releasing 166 million tons of CO2 into the atmosphere each year, the equivalent of countries such as Argentina, the Netherlands, or even Pakistan while Montana has just over a million inhabitants.
The plaintiffs felt a sense of “betrayal”, said Sullivan, and some expressed reluctance to have children for fear of the world they would grow up in.
On several occasions, Montana attempted to have the lawsuits dismissed on grounds of procedural defect; but on June 6, the state Supreme Court gave the green light for the trial to begin.
In his opening remarks, Montana Attorney General Michael Russell said that during the proceedings the court would “hear a lot of emotion, a lot of speculation, accusations, and especially fear about what the future may hold. , including sweeping and bombastic claims about a tragic fate that awaits us all.”
According to him, the law at the heart of the trial proceedings cannot be the cause of the damages of which the plaintiffs claimed to be victims.
“Montana’s (CO2) emissions are just too tiny to make any difference,” said Michael Russell.
“Climate change is a global issue that effectively relegates Montana’s role to that of a mere spectator,” added the attorney general.
12/06/2023 21:14:06 – Washington (AFP) – © 2023 AFP