On Wednesday, the Montana Supreme Court upheld the lower court's ruling in the nation's first “constitutional” climate change case, stating that the young plaintiffs were entitled to a “clean and healthy environment as part of an environmental life support system.” He acknowledged that he enjoys constitutional rights. The court upheld District Court Judge Kathy Seeley's August 2023 ruling by a 6-1 majority.
The court's decision also invalidated two parts of the Montana Environmental Policy Act (MEPA). In those parts it was written:
This precluded the analysis of GHG (green nose gas) emissions in the environmental assessment and environmental impact statement during MEPA's review.
The case accused the state of Held v. Montana of failing to consider the plaintiffs' children's rights to an environment free of fossil fuel pollution. Fossil fuel pollution makes climate change worse, climate change fanatics claim. According to Seeley's original ruling, greenhouse gas emissions
Climate change has proven to be a significant factor contributing to the harm and injury to Plaintiff's youth, resulting in climate change in Montana's environment.
Lead plaintiff Ricky Held said:
This ruling is a victory not just for us, but for all young people whose futures are threatened by climate change. Our voices have been heard, and today the Montana Supreme Court recognized that our right to a safe and healthy climate cannot be ignored.
The Western Environmental Law Center, which uses courts to advance climate change policy, said in a press release:
The ruling, the first of its kind in a state supreme court, argues that the state's actions that blindly perpetuated the fossil fuel energy system are fundamental to the youth plaintiffs' constitutional rights to a clean and healthy environment, dignity, and rights. This confirms the district court's judgment that the law violated the rights of the public. It strengthens the growing legal momentum behind the youth-led climate justice movement.
our children trust
The ruling is a substantial victory for the climate fanatic group Our Children's Trust, which hides behind children's backs and fuels climate change activism.
Our Children's Trust is also involved in other child exploitation cases, including Genesis B v. U.S. Environmental Protection Agency and Juliana v. United States. Cases such as La Rose v. His Majesty the King in Canada and Jovenes v. Gobierno de México in Mexico have addressed child exploitation globally.
“This ruling confirms that the Montana Supreme Court's decision requires the state to carefully evaluate the greenhouse gas emissions and climate impacts of future fossil fuel permits,” said plaintiffs' attorney Melissa Hornbein. occurred,” he said. “Specifically, Montana regulators will assess the potential harm to the environment from new fossil fuel projects and the health and safety of the state’s children, and will continue to assess the ongoing environmental degradation of Montana in ways that are unconstitutional.” It must be determined whether the project is justified in light of natural resources and climate.
lonely dissenting opinion
In a dissenting opinion, Justice Jim Rice warned that “courts must… resist the temptation to stray from their lane.” He also said, “The court's decision enables litigants to seek and obtain relief from the court in an advisory opinion based on a set of hypothetical facts.”
Rice's sentiments were echoed by Montana Governor Greg Gianforte.
“This court continues to overstep its bounds in order to trample on the policy-making power of Congress, the people's representative,” Gianforte said in a statement. “This decision declares open season on all of the above approaches to energy in Montana. This is the key to
Last week, the same court ruled that a 2023 state law banning so-called gender-affirming care for children violates Montana's constitution.
Mr. Rice and Mr. Gianforte are correct that the Montana high court is deciding matters outside of its jurisdiction. Courts are not the appropriate forum to decide scientific questions, especially unresolved issues like climate change.
