Causes.com
| 8.14.23
Judge Rules in Favor of Young Advocates in Montana Climate Case
What do you think of Montana's anti-environmental law?
Updated on August 14, 2023
- Montana judge Kathy Seeley ruled that young state residents have a constitutional right to a healthy environment, finding the state's failure to consider climate change in evaluating new projects was causing the plaintiffs harm.
- The group of young Montanans, aged 5 to 22, argued that the state must do more to consider how emissions contribute to droughts, wildfires, and other consequences of climate change.
- In her ruling of the first of its kind case, Seely found that the state's emissions "have been proven to be a substantial factor" in affecting the climate, and laws that limit a regulator's ability to consider climate change are unconstitutional.
- Julia Olson, the executive director of Our Children's Trust, the group that brought the case, said:
"This is a huge win for Montana, for youth, for democracy and for our climate."
Updated on June 12, 2023
- A landmark climate change trial is underway in Montana, where 16 young people are suing the government for their fossil fuel-friendly policies and anti-climate legislation.
- The lawsuit is the first of a series of similar cases being brought to court in the U.S., with the plaintiffs arguing that the government's policies are robbing them of a future and are destroying the environment for future generations.
- The nonprofit Our Children's Trust helped bring the lawsuit and is undertaking legal action in every state on environmental grounds, with several cases pending.
- They purport that the government is failing to "maintain and improve a clean and healthy environment in Montana for present and future generations," as stipulated in the state constitution.
- Lawyers for the state tried to block the case from going to trial, calling it a "show" trial and a "gross injustice."
- Over the course of the two-week trial, the judge will decide whether Montana's support of the fossil fuel industry violates its constitution. This decision would have broad-reaching national consequences.
What's the story?
- Montana's GOP lawmakers have passed legislation that blocks climate change considerations from being part of the environmental review process for large projects like coal mines and power plants.
- Republican Gov. Greg Gianforte signed the anti-climate, anti-environmentalist bill, titled House Bill 971, last week.
- H.B.971 passed both chambers of the state legislature along party lines
- Under the bill, Montana's Department of Environmental Quality and other state regulators are banned from considering greenhouse gas emissions and climate impacts when conducting environmental impact assessments for large projects.
- The bill's sponsor, Rep. Josh Kassmier, says that the legislation is necessary for establishing the authority of state lawmakers after a district judge revoked a permit for a natural gas power plant that had already been approved by the state in April.
- When asked whether he believes in climate change Kassmier said, “I’m not a scientist.”
- Gov. Gianforte has previously said that “American innovation and ingenuity” will solve climate change.
What's the picture on extractive industries in Montana?
- Montana contains part of the Bakken Formation, one of the largest onshore oil and gas fields in the United States and the center of intensive fracking activity.
- Montana has the largest recoverable coal reserves in the U.S. and nearly half of the state's electricity comes from coal-burning plants.
What are opponents saying?
- A 2022 poll conducted by Colorado College found that nearly 60% of Montana residents believe in human-caused climate change.
- Over 1,000 comments were submitted by local residents on the bill, with 95% in opposition.
- Montana is feeling the impacts of climate change with rising temperatures and melting glacial ice packs.
- Montana’s 2015 climate assessment found that the state’s annual average temperatures have increased between 2 and 3 degrees Fahrenheit from 1950 to 2015.
- Winona Bateman, executive director of Families for a Livable Climate, said:
“Our families are already suffering from an increase in the number of sweltering summer days, longer wildfire and smoke seasons, and historic drought. I am not sure how Gov. Gianforte imagines we will do our part to address these growing impacts, or pay for them, if we’re not working to eliminate the root cause.”
Legal battles
- The bill was passed as a Montana judge weighs a case brought by sixteen plaintiffs who are suing the government for its pro-fossil fuel policies.
- The plaintiffs, all young adults, claim that Montana's bias towards fossil fuel corporations violates their right to a “clean and healthful environment” guaranteed under Montana’s 50-year-old constitution.
- The hearing for this case is set to begin next month.
What are other states doing?
- Similar anti-climate legislation is being proposed in other GOP-led states.
- Texas passed a law that bans the state from doing business with financial firms that have divested funds from fossil fuel companies for climate reasons.
- Ohio lawmakers are considering forcing colleges to teach students about both sides of the climate change debate, despite a near consensus among the scientific community that human-made climate change is real and that burning fossil fuels is directly connected to climate change.
- Tennessee and Louisiana have already passed similar laws which sow doubt and present human-made climate change as a controversial topic, which is inaccurate.
- Riley Moore, the treasurer of West Virginia, has barred major banks like Goldman Sachs, JPMorgan, and Wells Fargo from government contracts because they are divesting from coal, which is a major industry in his state.
What do you think of Montana's anti-environmental law?
—Emma Kansiz
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Only an idiot would want a law that allows the destruction of the environment. We all LIVE on the environment, destroy enough of it and we ALL die! Can the Congress pass something that would require proper EPA evaluation of ALL major projects, including state projects? I would vote for that!
The Montana legislators are obviously being supported financially by the fossil fuel corporations or they wouldn't completely ignore the will of their constituents and the health of our nation as a whole, even the health of their children and grandchildren! This is not only stupid but immoral. We are mandated by our Judeo-Christian beliefs that we are to care for all creation, not destroy it! I believe that ALL major religions believe this. The legislators who voted for this and the governor who signed it into law all need to be impeached by the people of Montana if the courts don't reverse this.
And in my State of Ohio, it's ridiculous to think there are two sides of the climate change crisis to teach in schools. Are teachers supposed to teach that the members of the GOP in the Ohio legislature and our Governor Dewine are ignorant of the science and are being paid by fossil fuel companies? That is something they can teach with honesty!
What asses! It is like standing on the train tracks and wondering why you get run over. They do not care about their constituents!
I am SICK TO DEATH of these wealthy corporations buying off politicians, destroying the planet while we, the common people, are the ones who pay the price!
Wow Montana is really on a tear!
I wonder how they'll like it when their national parks no longer have glaciers or lakes and nobody wants to come there for tourism.
Montana government----Bought and paid for by the Republican Party and their "big money" financial supporters for no other reasons than greed, lust for power, and their own overblown egos. How can any decent human being respect a government that refuses to listen to the will of its people? It never ceases to amaze me that these idiots are continually re-elected term after term by the very people they ignore. Maybe they ought to consider illiminating all wars and see how that could change things regarding the environment and climate change. The only thig that is for certain is that the more we remove things from the earth itself, the faster it shifts on its axis. That includes all undergroung activity. And yes, North Korea, I'm looking at you as well as all other countries which rape the earth upon which we depend for survival. Maintaining the balance in all things is mandetory for the protection of the earth from it's human inhabitants. I cannot believe the stupidity of not just the politicians but the average voter as well. Thankfully, the planet will heal itself in due time. Hopefully those who survive will make sure this piece of history doesn't repeat itself. Those who come after us must be taught well the dangers of upsetting the balance of nature. I can only hope for the best.
Climate Change is real. How extensive is it? Not sure. Most blame it on Carbon Dioxide emissions. If that's the case then why is U.S. Patent 8,674,373 ignored. It was sent to the Obama administration, the Trump administration and the Biden Administration. That Patent stops CO2 emissions so you could even burn coal with no emissions. Must be something that involves a lot of money otherwise why would the Politicians ignore it?
It's a step in the right direction!
good for the Kids who stood up for climate change!
Yaaaaa Montana!!!
Judge Rules in Favor of Young Advocates in Montana Climate Case
What do you think of Montana's anti-environmental law?👍🏼👌🏼👏🏼
i AGREE with montana judge that all State projects should consider the impact on the Environment. Indiana law should require this as well
CAUSES TELLS ME, THEN ASKS: " Montana judge Kathy Seeley ruled that young state residents have a constitutional right to a healthy environment, finding the state's failure to consider climate change in evaluating new projects was causing the plaintiffs harm. What do you think of Montana's anti-environmental law?" ME: Thrilled to death that the kids won this, something I did not expect to happen in Montana. Unfortunately, it was a clause in the Montana constitution that allowed the win -- most other states do not have a similar "people have a right to" clause. The law in question was egregious, and virtually exempted polluters and environmental destructionists from any responsibility for the results of their actions. GO MONTANA KIDS!
This law shows a total lack of knowledge of how the warming oceans are changing the "Jet Streams," totally effecting the weather world wide! When the weather changes, as it has, it effects the growth of our foods. I look at the Big Oak trees in the woods off the deck of my condo, and then see all the immature acorns on my deck. If this crazy weather can affect these Oak trees so much, think about what it is doing to us! Or how much smoke we have breathed from all the wild fires. That anyone can deny these changes, baffles me! Starting in late July through August, the weather is usually the hottest of the year in Michigan. We had that in June and July. August is now appearing to be the early beginnings of Fall. I'm so glad that the Judge ruled in favor of the children's lives!
The position of the state of Wyoming in denying climate change and supporting the extraction of as much fossil fuels from the state is unconscinable. This disregard of these state legislators' actions for the young people of Wyoming who will have to deal with the effects of climate change in the future is shameful. Not to mention the disregard Wyoming politicians have for their fellow Americans.
I am glad to see a judge stand up to this perposterous legislation.
It's way past time that we start looking at the entire impact of our economic activity on this planet. We've allowed the ponzi game of short term profit to destroy the future for too long.
The US Givernment has a responsibility to provide a healthy environment for citizens. Consequently, consideration for climate change in providing that criteria is essential.
WE MUST BE LEADERS IN THE CONCERTED EFFORT TO UPHOLD "RESPONSIBLE" INDUSTRY for the future of the planet and mankind at large. We are currently in crisis environmentally. If you truly love your offsprings, you must FIGHT FOR THEIR SURVIVAL!!!
States must be forced to respond to climate change!
It is mind-boggling that Montana State Legislators would pass legislation that will obviously despoil the grandeur and beauty of that wonderful state. I am confident that the Nevada State Legislature, backed by our Democratic Federal Legislators would not allow this type of destructive profiteering to succeed in our beautiful state.
Any such laws are ridiculously unconstitutional, pro-coporatist rubbish, and, must be overturned.
I saw the documentary about these kids building their case. and would recommend it . GO KIDS!
"Change the name to "Business Protection Law". What happened to the 10th Amendment?
Misname Inflation Reduction Act that spends more money. Call it "Don't say Gay" rather than Parents's Rights act. or "Jim Crow 2" rather than voter protection act that went back to pre-pandemic rules. Voter ID would cost Dems millions of votes.
Joseph Goebbels would be proud.
Climate change is BS. China, India and every Nation is not going to this. Another crime agay humanity you are going to answer for.
Your prison meals can be bugs..
This is a great victory for climate activists, and for young people in general. Montana is just the first step, but hopefully the start of a new trend in citizens taking back their futures from corporate greed and climate-denying legislators.
It may take years to fully see the outcomes from this trial, but I'm hopeful that some states will wake up and see what's coming to them if they dont' get it in gear and stop the destruction of our environment by corporate interests.
Montana judicial decision headed in the right direction, along with the Hawaiian State Supreme Court decision paving the way for state provisions in state constitutions like MT, NY& PA already have and 9 more states are considering. Hopefully neither the Montana Appeals or Supreme Court overturn the decision.
"Lawsuits that use a safe climate as an affirmative human or constitutional right are ubiquitous in courts worldwide, but success has been mixed for advocates filing these lawsuits in the US."
"That is slowly changing. In addition to this ruling, the Hawaii Supreme Court recognized a human right to a stable climate in a March ruling against a biomass power plant developer."
"The emphasis on climate science and its direct connection to the harms alleged is a notable sea change, according to Lewis & Clark Law School professor Lisa Benjamin. It’s also notable that the court identifies policies and the law as barriers to a clean energy transition, Benjamin added."
"The clear, constitutional language established in this ruling may also boost the push for affirmative climate rights in more than 15 other states considering similar provisions in their own constitutions, according to Maya van Rossum, founder of the Green Amendment for the Generations national movement."
"Communities across the United States are facing worsening and intersecting environmental threats. As a result, more states are expanding efforts in 2023 to make a healthy environment a constitutional right. Currently, three states – Montana, New York, and Pennsylvania – have established constitutional rights to a healthy environment via Green Amendments, but at least nine more states are considering bills in 2023."
https://www.ncelenviro.org/articles/green-amendments-in-2023-states-continue-efforts-to-make-a-healthy-environment-a-legal-right/
https://news.bloomberglaw.com/environment-and-energy/montana-youth-climate-plaintiffs-get-historic-win-in-state-case
Typical Republican response--the party doesn't care about people but just money