The landmark climate case, Held v Montana, has sparked a new chapter in the ongoing battle for environmental justice. The young activists who won the case are now pushing for court enforcement, urging the state's highest court to uphold their victory and protect Montana's future.
In a groundbreaking legal decision made in August 2023, a Montana judge ruled in favor of 16 youth plaintiffs, finding that state officials had violated their constitutional rights by promoting fossil fuels. This ruling affirmed the responsibility of the state to address the harmful impacts of greenhouse gas emissions on its citizens, particularly the youth. However, state lawmakers have since enacted new laws that contradict the judge's findings, raising concerns among the plaintiffs.
Rikki Held, the 24-year-old lead petitioner and named plaintiff in the earlier lawsuit, emphasizes the urgency of the situation. She states that the new policies will continue to increase greenhouse gas emissions, which were proven to disproportionately harm youth during the Held case. This goes against the very essence of the original ruling, which stated that state laws limiting the consideration of greenhouse gas emissions during environmental reviews are unconstitutional.
Nate Bellinger, supervising staff attorney at Our Children's Trust, highlights the state's regressive actions. He notes that the state is essentially re-blindering agencies, prohibiting them from adopting air quality standards more stringent than the federal Clean Air Act. This is a significant setback, as the federal standards should serve as a minimum, not a maximum, for environmental protection.
The legislature's amendments to the Environmental Policy Act are also concerning. It limits the state's inventory of climate warming gases and excludes upstream and downstream emissions, even though these impacts were previously considered. Lawmakers have also explicitly barred state agencies from using pollution information to condition or deny permits, which Bellinger calls an 'egregious' provision.
The youth activists are now petitioning the Montana Supreme Court to strike down these new laws, arguing that they violate the state's constitutional duty to provide a clean and healthful environment. This challenge comes at a critical time, as the Trump administration's attacks on climate and environmental regulations make it even more crucial for states to protect their citizens.
Held, a firsthand witness to the climate crisis, shares her personal experiences. She describes how drought and extreme weather have affected her family's ranch, impacting livestock and crops. The worsening global warming situation since the filing of the Held v Montana case only underscores the urgency of the situation.
The activists are determined to ensure that the state upholds its constitutional responsibilities and takes immediate action to protect Montana's environment and its citizens. With the clock ticking, they are calling on the court to enforce their victory and safeguard the state's future.
