This is a historic decision in the first major climate trial in the United States. A Montana judge ruled on Monday (August 14) for young people who accused their state of violating their constitutional right to a “clean and healthy environment” by promoting the fossil fuel industry.
The judge declared unconstitutional a Montana law prohibiting the local government from taking into account the consequences of greenhouse gas emissions on the climate when deciding whether or not to grant permits to fossil fuel companies.
This law is therefore canceled, decided the judge Kathy Seeley. “The plaintiffs have a fundamental constitutional right to a clean and healthy environment, which includes the climate,” she wrote in her more than 100-page verdict.
“By prohibiting analysis of greenhouse gas emissions and their impact on climate, as well as how additional greenhouse gas emissions will contribute to climate change or be consistent with Montana’s constitution” , the clause of this law “is unconstitutional”, she judged.
The sixteen plaintiffs, who did not seek financial compensation, range in age from 5 to 22. They argue that as children and young adults, the dangerous consequences of fossil fuels and the climate crisis are particularly harmful to them.
Call for decision planned
“For the first time in US history, a court has found on the merits that a government has violated the constitutional rights of children through laws and actions promoting fossil fuels and ignoring climate change.” , reacted in a press release Julia Olson, executive director of Our Children’s Trust, one of the three associations supporting the complainants.
Julia Olson, an attorney representing youth, released a statement calling the decision “a great victory for Montana, for youth, for democracy and for our climate.”
Emily Flower, spokeswoman for Montana Attorney General Austin Knudsen, called the decision “absurd,” criticized the judge and said the office plans to appeal.
“Thank you to these brave young people who today won a huge victory against climate change,” US Senator Bernie Sanders said on social media.
Montana emits about as much CO2 as Argentina
The trial was held in mid-June in Helena, Montana (North). They had then told how their health, their well-being, or the finances of their families had been upset.
This is the first time that the constitution of an American state has been invoked in court to attack local authorities on a climate issue. The decision could have significant consequences on future cases. Many similar lawsuits have been filed across the country, but many have been dismissed.
The plaintiffs in Montana had an advantage: a section of the local constitution clearly states that “the state and everyone shall maintain and improve a clean and healthy environment in Montana for present and future generations.” . Montana has just over a million people, but emits about as much CO2 as Argentina.
