Montana Top Court Upholds Historic Climate Case Decision (1)

The Montana Supreme Court handed a win to youth challengers on Wednesday, upholding a stable climate as an intrinsic part of the state’s constitutional rights to a healthy environment.

The decision affirms a lower court ruling that struck down two statutes, including one that would have prevented consideration of greenhouse gas emissions in project permitting.

The state high court further set in stone affirmative environmental rights enshrined by the framers of its constitution—authors which Montana argued could not have meant climate change degradation in their original intent.

“We concluded that the Framers’ intent was to provide environmental protections which are ‘both anticipatory and preventative’ and did not intend to prevent only environmental degradation that could be conclusively linked to ill health or physical endangerment,” according to the opinion.

‘Monumental’

Sixteen youth plaintiffs led by Rikki Held sued the state government over provisions in the Montana Environmental Policy Act. They went to trial in June 2023, and won their case in August that same year. The state appealed the case in October 2023, which was denied in Wednesday’s decision.

The decision is “disappointing, but not surprising,” according to Montana Department of Justice press secretary, Chase Scheuer.

“The majority of the state Supreme Court justices yet again ruled in favor of their ideologically aligned allies and ignored the fact that Montana has no power to impact the climate,” Scheuer said in a statement.

Montana Justice Jim Rice sided with the state in his dissent, where he wrote that he was not convinced that youth plaintiffs even had a case to begin with.

“Because there is nothing about Plaintiffs’ stories that could not also be found within the collective experience of the entire Montana population, their allegations are not distinguishable from the general public at large, and thus erode a claim to standing,” Rice wrote in his dissent.

The affirmation from the other members of the judicial panel represents a “monumental moment,” according to Nate Bellinger, attorney for Our Children’s Trust, the nonprofit behind the plaintiffs.

“Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests,” Bellinger said in a statement.

Justice Mike McGrath authored the majority opinion, with Justice Dirk Sandefur concurring.

The case is Held v. Montana, Mont., No. DA 23-0575, Decision 12/18/24.