Topline
The latest trial in a series of yet unsuccessful court actions continues Tuesday as more than a dozen young people in Montana – which has the largest coal reserves in the country – accuse their state of enacting legislation that benefits the fossil fuel industry to the detriment of the state’s natural landmarks, wildlife and residents.
Plaintiffs arrive for the nation’s first youth climate change trial at Montana’s First Judicial … [+]
Key Facts
Sixteen plaintiffs, ranging in age from 5 to 22, say Montana officials have violated their state’s constitutional right to a “clean and healthful environment” by repeatedly choosing to support the fossil fuel industry over cleaner energy alternatives.
The Held v. State of Montana trial started Monday and was filed by Our Children’s Trust, the same group behind a similar environmental justice case featured in Netflix documentary Youth v. Gov.
Mining, petroleum refining and crude oil and natural gas production are among the energy-intensive industries that plaintiffs say have severely damaged the environment and caused young people to experience polluted water, flooding, frequent wildfires and health issues, including respiratory problems.
The plaintiffs ask the court to confirm that Montana’s fossil fuel energy policies and actions are a constitutional violation – and demand the state transition to clean energy no later than 2050.
Previous attempts to force climate action on behalf of young people have failed in Alaska, Florida, Washington and Pennsylvania.
Chief Critic
Republican Attorney General Austin Knudsen last week petitioned the court to have the lawsuit dismissed in light of a recent legislative revision to the Montana Environmental Policy Act. The change bars state agencies from evaluating any “greenhouse gas emissions and corresponding impacts to the climate.” The state Supreme Court denied Knudsen’s request.
Big Number
74 billion tons. That’s how much coal Montana has in its recoverable reserves, accounting for about one-third of the nation’s total.
What We Don’t Know
How much the case will matter. The prevailing thought is that even if District Court Judge Kathy Seeley does declare a constitutional violation, she doesn’t have to demand change. Jonathan Adler, environmental law professor at Case Western Reserve University in Cleveland, told ABC News he’s not sure a judge even has the power to tell the government to address climate change, adding the Held case “pushes the boundaries of what courts are capable of.”
Further Reading
Nuclear Power Is A Viable Option For Replacing Coal (Forbes)
Fintech Leaders Unite To Advance Gender Parity, Reverse Climate Change (Forbes)
3 Observations Worrying Climate Scientists Right Now (Forbes)
Source: https://www.forbes.com/sites/maryroeloffs/2023/06/13/montana-youth-sue-state-over-climate-change-policies/