Sweeping victory for environmentalists in Montana court
HELENA, Montana – A Montana state judge has ruled in favor of 16 young residents who claimed the state violated their constitutional rights by encouraging fossil fuel extraction.
The plaintiffs, who range in age from 5 to 22, argued that the Montana Environmental Policy Act (MEPA) violates the Montana Constitution because it prevents the state from assessing the climate impacts of mining projects.
The judge agreed with the plaintiffs, stating that MEPA “has prevented the state from fulfilling its constitutional duty to protect its citizens from the harmful effects of climate change”.
The ruling is a major victory for climate change activists and could have significant implications for other lawsuits against fossil fuel development. Attorneys for the plaintiffs called the ruling a “sweeping victory” and said it “marks “a turning point in this generation’s efforts to protect the planet from the devastating effects of man-made climate chaos”.
Julia Olson, founder of Our Children’s Trust, the non-profit law firm that helped represent the plaintiffs, called the victory a “sweeping win” that could have reverberating effects on the hundreds of lawsuits that have been filed in the U.S. arguing against the continued extraction of fossil fuels.
“As fires rage in the West, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos,” said Olson in a statement.
The plaintiffs in the case are all Montana residents affected by climate change. They testified about their own experiences with air pollution, extreme weather events, and other climate change impacts.
The State of Montana argued that its greenhouse gas emissions are relatively low and that it is not responsible for climate change. Because the Montana Constitution guarantees residents a “clean and healthful environment,” the state’s environmental law violates that document, District Judge Kathy Seeley found.
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