Montana Judge Declares State Law on Climate Change Violations Unconstitutional
In a landmark decision, a Montana judge ruled in favor of youth activists, striking down a state law that limited climate change considerations during environmental reviews of proposed fossil fuel projects. The ruling by Judge Kathy Seeley of the Lewis and Clark County District Court in Helena came as a victory for 16 young climate activists who filed the lawsuit three years ago.
The activists challenged a provision in the Montana Environmental Policy Act that excluded the consideration of climate change in governmental reviews of new projects. Judge Seeley’s 103-page decision declared that the law violated the plaintiffs’ right to a clean and healthful environment, as outlined in the state’s constitution. She also acknowledged that climate change is causing harm to the young Montanans and that their injuries will only worsen with increasingly severe climate impacts.
Melissa Hornbein, a senior attorney at Western Environmental Law Center, who represented the activists, expressed their joy, stating, We are pretty over the moon. However, Montana officials have already vowed to appeal the decision, with a spokesperson for Montana Attorney General Austin Knudsen calling the ruling absurd and blaming it on an ideological judge.
The legal victory, if upheld, could have significant implications for efforts to tackle climate change through the courts. Environmental legal experts believe that this decision could influence ongoing climate cases and provide a roadmap for future lawsuits. It sends a strong message about the potential of climate litigation to hold parties accountable for their carbon emissions.
Renowned climate change law expert Michael Gerrard described the ruling as the strongest decision on climate change ever issued by any court. Benjamin Franta, head of the Climate Litigation Lab at the University of Oxford, highlighted the role of the judiciary as a glimmer of hope amidst insufficient action from other branches of government.
The lawsuit against the state of Montana revolves around the Montana Environmental Policy Act. This act limited the scope of environmental reviews for proposed fossil fuel and other projects by excluding the consideration of climate change impacts. The ruling by Judge Seeley strikes down this provision, signaling a significant step forward in addressing climate change through legal means.
As the state officials prepare to appeal the decision, it remains to be seen whether this legal victory will stand. However, regardless of the outcome, the case has already opened up discussions and possibilities for further climate-related litigation. The ruling sets an important precedent for future cases and strengthens the argument for increased accountability regarding carbon emissions.
This ruling has undoubtedly thrilled the youth activists involved and their supporters. It sends a message that their voices and concerns about the environment are being heard and recognized in a court of law. With climate change becoming an increasingly urgent issue, legal victories like this one provide hope for a sustainable future.
