Young Americans make "victory" in climate lawsuit against Montana

A Montana judge on Monday supported a group of youths who accused the US state of violating their constitutional right to live in a "clean and healthful environment" by encouraging fossil fuel companies. 

This decision has been labeled historic, marking the first major climate trial in the United States.

The judge declared unconstitutional a Montana law that prevented local authorities from considering the climate consequences of greenhouse gas emissions when granting permits to fossil fuel companies.

Judge Cathy Silly ruled to strike down this provision from the law.

In a ruling spanning over 100 pages, she wrote, "Plaintiffs have a fundamental constitutional right to a clean and healthful environment, including a climate system capable of sustaining human life." She announced that the mentioned legal provision was "unconstitutional" because it "prohibits the analysis of greenhouse gas emissions and their impact on the climate."

A unique aspect of this trial is that the sixteen plaintiffs, who did not seek specific financial compensation, range in age from 5 to 22 years old. They argue that as children and young individuals, they face unique risks associated with the significant consequences of fossil fuel and the climate crisis.

Julia Olson, the executive director of "Our Children's Trust," one of the three organizations supporting the plaintiffs, stated, "For the first time in US history, a court has found that the government violated children's constitutional rights by promoting fossil fuels and ignoring climate change through laws and policies."

Montana (located in the northwest of the United States) announced that it would appeal the court ruling.

A spokesperson for the Montana Attorney General's office called the ruling "absurd," adding, "Montana cannot be blamed for climate change - even the witnesses called by the plaintiffs agree that our state has no impact on the global climate."

Montana's population slightly exceeds one million people, yet the fossil fuels extracted, consumed, transported, and processed within and through the state result in approximately 166 million tons of carbon dioxide emissions annually, equivalent to Argentina's emissions, according to the Monday ruling.

The trial commenced in mid-June in Helena, the capital of Montana.

During the trial, the plaintiffs discussed the negative impact of this situation on their health, well-being, and family finances.

Lead plaintiff, 22-year-old Rikki Hild, whose family owns a farm in eastern Montana, referred to a massive fire that led to high-voltage line disruptions and a month-long power outage on her farm, causing livestock to die due to the inability to pump water.

The ruling stated, "Rikki feels stress and despair" and is suffering "economic harm" due to climate change. It added, "Each additional ton of greenhouse gas emissions compounds the harm suffered by the plaintiffs."

This trial marked the first instance of a US state constitution being invoked in court to sue local authorities over a climate-related issue.

The decision could have significant implications for future cases. Similar lawsuits have been filed across the country, despite many being dismissed.

The plaintiffs in Montana had an advantage as the state constitution explicitly states that "the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations."

Varshini Prakash, the executive director of "Sunrise Movement," a youth-led climate group, stated, "We have shown that Generation Z is a powerful force in fighting climate change."

US Senator Bernie Sanders (81 years old) commented on social media, "Thank you to these brave young people who achieved a major victory against climate change today."

He added, "It's time for the federal government to follow their lead and hold fossil fuel companies accountable for their role in the climate crisis."



AFP