By: Pei-Yu Tsai

In June, a group of 16 young residents, ages 6 to 22, alleged that Montana’s pro-fossil fuel policies violate their constitutional right to have a healthy environment. It become the first ever youth action to take the government to court over the climate crisis.

According to Time news, the suit, called Held v. Montana, took place over two weeks, ending on June 23. The plaintiffs’ victory may signify how the court holds states accountable for their responsibilities on environmental issues in the future.

In Montana, the state constitution places a special emphasis on environment and it reads, “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.” The young plaintiffs are using this clause to sue the government for its ongoing support of the fossil fuel industry.

But there comes a problem: the coal industry is a mainstay of Montana’s local economy. The state, renewed as home to Yellow Nation Park, has long been an important source of coal reserves in the US. Jobs in the coal industry are more addictive because they pay about 30% more than the median income in the state. (Source from VOX: Why Montana kids are suing the state over climate change)

The plaintiffs initially complained in 2020 that residents were experiencing many severe climate change disasters, such as a large increase in temperatures, droughts, and other extreme weather events. Additionally, frequent forest wildfires have resulted in poor air quality, leading to health risks for everyone.

In defense of the state, Assistant Attorney General Michael Russell argued that “Montana’s emissions are simply too minuscule to make any difference and climate change is a global issue that effectively relegates Montana’s role to that of a spectator.” (Source: The Helena Independent Record).

His defense is called into question by Montana’s extremely high greenhouse gas emission rate. So far, the state is the 5th largest coal producer and 12th-largest for oil in the country.

“I know that climate change is a global issue, but Montana needs to take responsibility for our part of that.” said Rikki Held, a 22-year-old leader of the young plaintiffs.

This case marks the beginning of similar legal challenges currently under way in several states, in which kids aim to use their civic engagement in order to protect nature. These lawsuits aim to exert pressure on policymakers, urging them to adopt more immediate and decisive measures to address carbon emission and face climate change.

Resources:

 https://www.theguardian.com/us-news/2023/jun/20/held-v-montana-climate-trial-youth-end

 https://www.nytimes.com/2023/03/24/climate/montana-youth-climate-lawsuit.html

 https://arstechnica.com/tech-policy/2023/06/montana-calls-un-climate-report-hearsay-at-landmark-youth-led-climate-trial/

 https://missoulacurrent.com/montana-climate-change-5/

 arstechnica.com

 time.com

 www.npr.org

 www.vox.com