For the first time, a state is being sued for it’s support of the fossil fuel industry. Sixteen children have sued Montana for violating their constitutional rights to a clean and healthy environment. The trial will begin June 12.
Under Montana’s state constitution, all citizens have the right to a “clean and healthy environment”. These rights were established at a constitutional convention in 1972 for the purpose of reducing the influence of the copper and coal industries. Pennsylvania and New York have similar rights.
Montana has been generous to the fossil fuel industry. The state has offered easy permitting and rich incentives to the coal, oil, and gas industries. As a matter of energy policy, Montana does not consider climate in issuing permits. As a result, Montana ranks 5th in the nation in coal production, and 12th in oil production.
The young plaintiffs range from age five to eighteen. Each of them has experienced significant changes in the environment, affecting their health and ability to enjoy life. Nathaniel K., age five, has suffered from asthma from the age of two. Wildfires and climate change have worsened his health. Rikki Held, the oldest of the plaintiffs, works on her family’s 7000 acre ranch. Record breaking droughts have seriously diminished the water supply on the ranch.
The plaintiffs assert that mining and burning fossil fuels has degraded and depleted Montana’s constitutionally protected public trust resources. These include the atmosphere, rivers and lakes, and fish and wildlife.
In response, Montana has disputed the overwhelming evidence that burning of fossil fuels is driving climate change. They’ve denied that Montana has experienced severe weather linked to rising temperatures.
Both sides of the case have been intensively gathering evidence and taking depositions. The youth will testify on how they have been harmed by state actions. The trial is sure to be an interesting one.
The youth are represented by Our Children’s Trust, a nonprofit law firm focused on supporting youth in securing their legal right to a safe and healthy climate. Our Children’s Trust has initiated legal actions now pending in Florida, Hawaii, Montana, Utah, and Virginia.
Win or lose, the Montana case is a step forward. It’s the first case based on the merits of climate policy. It will establish findings, facts and principles that can be used as a model in other cases. Stay tuned!