What Montana Youth Victory Means for Other Climate Cases

Are you hopeful about upcoming legal climate battles?

  • 7,289
    larubia
    08/16/2023

     

    I find it sad that kids have to take their elders to task for what has been done to our planet. I salute their efforts & their win. It should not be up to the youth of our country to make these changes in every state, battle by battle in the courts....

     

    IT SHOULD BE UP TO THE LEGISLATIVE BODY, UNDER THE LEADERSHIP OF THE PRESIDENT, WORKING WITH OTHER WORLD LEADERS TO MAKE SWEEPING CHANGES THAT WILL CHANGE THE COURSE OF GLOBAL WARMING!!!

     

  • 89.9k
    LeslieG
    Voted Yes
    08/16/2023

    3 states (MT, NY, PA) already have changed their state constitution, and 9 more states are in process. The Montana judicial decision is a step in the right direction, along with the Hawaiian State Supreme Court decision paving the way for states to change their constitutions.  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.causes.com/articles/55036-judge-rules-favor-young-advocates-montana-climate-case

    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

  • 1,927
    Paul
    Voted Maybe
    08/16/2023

    The Montana kids are this week's heroes. We need more people to follow them and quickly.

  • 230
    Anne
    Voted No
    08/16/2023

    As long as we have the Trump justices and 2 others we have no true justice. Money and corporations will win. Right now we have an oligarchy.

  • 44.8k
    Brian
    Voted Yes
    08/16/2023

    I'm hoping this victory will open a new path for climate activists across the country to win on this front, and I also hope it motivates more young people to show up to vote, protest, and fight for their futures.

    We can't force these young people to live on the polluted, disastrous planet the older generations have created.

  • 5,144
    Adam
    Voted Maybe
    08/16/2023

    While I support the ruling, it's only useful in other states that have constitutional support for a clean environment (and there are only two of them). I can also see many Republican state legislatures scrambling to make sure there aren't any potential environmental protections that might currently be included in their state constitutions, largely because they're terrible people who don't care about future generations (or, it would seem, even current generations).

    That said, it's a double-edged sword. Asking a judge to rule on whether climate change is man-made opens the issue up to the opinions of one person, who's not really an expert on the subject. A conservative judge may rule that the evidence isn't there that fossil fuels harm the environment. Ultimately, it still comes back to the need for the federal government to seriously address the issue for posterity.

  • 1,018
    SigmaTriz
    Voted No
    08/16/2023

    Politicians and the Government were sent information about a technology that exists that can stop CO2 emissions which they blame for global warming.  You can even burn coal with no CO2 emitted into the atmosphere.  Like everything else it would interfere with money making schemes of the elites like the carbon credit markets.  Someday though...

  • 1,091
    Reilly
    08/18/2023

    "The weather is getting hotter" does not create standing. This should go up to SCOTUS. And the high court needs to reject this insane ruling from this insanse judge. 

  • 417
    santosian
    Voted Yes
    09/09/2023

    I truly give my best thought on this 

  • 61
    Alyse
    Voted Yes
    09/08/2023

    We all (pretty much) agree climate change is real and there's no time to waste but we've got to do something. If these kids can win a lawsuit then I'm sorry there should be all kinds of environmental lawsuits all around the country to get this going. Come on people.

  • 3,645
    Kevin
    Voted Maybe
    08/16/2023

    The green revolution is the most important issue in the world today for anyone under sixty, yet the conservatives and their boomer corporate masters are doing their best to make the world unlivable for those left when they die of old age and climate change-induced heat stroke.

  • 993
    Deemax
    Voted Maybe
    08/16/2023

    maybe,  but there's a lot of money backing anti climate changes. And justices in this country have been less than honorable lately!! 

  • 1,122
    Lois
    Voted Yes
    08/16/2023

    The youth understand the climate crisis better than the gop politicians.

    We must end our dependence on fossil fuels.

  • 2,470
    Joan
    Voted Maybe
    08/16/2023

    I wholeheartedly support the climate change court cases. But it will take getting rid of the current crop of Republicans before we can make more rapid progress. VOTE BLUE everyone! 

  • 1,763
    George
    Voted Yes
    08/16/2023

    Millennials and gen z are the future of climate change we need new blood in government in all 3 levels 

  • 3,930
    Jean
    Voted Maybe
    08/16/2023

    CAUSES ASKS: Are you hopeful [after the Montana decision} about upcoming legal climate battles?  ME:  Maybe.  The Montana case was unique in that Montana's constitution contained current and future residents' right to enjoy a healthy environment that the vast majority of other states do not have.  Thus, the Montana decision could have limited, if any, standing as precedence in the current climate cases in majority red, hard-right, extractive industry-supporting states.  That said, the Monana decision certainly might act as a "consciousness-raising" decision that could abet public support against these currently "no-consequences" drilling/mining industries.

  • 13.1k
    MrGeer
    Voted Maybe
    08/16/2023

    there is no mechinism under the capitalist system to fight climate change. Its not profitable, capitalism depends on exploitation of the worker, and the planets resourses. infinate growth can not continue with finite resourses.

    while law suits are a useful weapon we have, its costs are out of reatch for most, and the corporations own our courts, and politicians.

    we need a new, more fair and just system for the people. we need to seize the wealth of corporations that profit from the destruction of our environment, and use it to repair the damage done, and mitigate future climate damage.

  • 2,685
    George
    Voted Yes
    08/16/2023

    Anything that works... 

  • 2,171
    JERRE
    Voted No
    08/16/2023

    I am concerned the ruin America "climate change religion" will only enhance China, the biggest problem.

  • 2,380
    Martha
    Voted Yes
    08/16/2023

    I'm hopeful that any movement will help to avert an env. disaster.