(Bloomberg Law) -- A state judge ruled Monday that Montana’s oil and gas policies are infringing on young people’s constitutional rights to a safe environment, handing a big win to youth climate plaintiffs.
An adjustment to the Montana Energy Policy Act (MEPA)—which limits environmental factors that must be considered for project permitting—violates rights to a safe environmental enshrined in Montana’s constitution, according to Judge Kathy Seeley of the Lewis and Clark County District Court in Helena, Mont.
“By prohibiting consideration of climate change, GHG emissions, and how additional GHG emissions will contribute to climate change or be consistent with the Montana Constitution, the MEPA Limitation violates Plaintiffs’ right to a clean and healthful environment and is facially unconstitutional,” the ruling said.
The 16 youth plaintiffs of Held v. Montana are part of a cadre of young climate activists suing governments across the US over degradation of the climate through oil and gas development.
Lawyers from legal non-profit Our Children’s Trust spearhead the cases, and lauded the “sweeping” Monday victory in Montana.
“Today, for the first time in U.S. history, a court ruled on the merits of a case that the government violated the constitutional rights of children through laws and actions that promote fossil fuels, ignore climate change, and disproportionately imperil young people,” Our Children’s Trust Chief Legal Counsel Julia Olson said in a statement.
The case is Held v. Montana, Mont. Dist. Ct., No. CDV-2020-307, Ruling 8/14/23
To contact the reporter on this story: Jennifer Hijazi in Washington at jhijazi@bloombergindustry.com
To contact the editor responsible for this story: Zachary Sherwood at zsherwood@bloombergindustry.com
