Montana Supreme Court backs youth plaintiffs in groundbreaking climate trial

The Montana Supreme Court voted 6 to 1, affirming a lower court ruling that said the state’s fossil fuel friendly policies, along with a lack of action to address climate change, has violated the young people’s constitutional right to a clean environment. The decision means that state agencies must now consider the greenhouse gas emissions and climate impacts of any proposed development project.

Olivia Vesovich is one of the youth plaintiffs. She’s been involved with this case for the last 5 years.

“Hope is something we work towards, and that is what this case has been,” said Vesovich. “We have fought to have our voices heard. We have fought to have our case in the state and now that we got our voices heard by the Montana Supreme Court.”

Statements from the Governor and Attorney General’s spokespeople reiterated their arguments from the appeal that the young people lacked standing to bring this case and that climate change is beyond the scope of the courts.

Republican lawmakers called the decision an overstep from the court into the legislature’s role. Democratic leadership praised the decision. Environmental groups heralded the decision as a critical victory in the fight against climate change.

Montana is one of 6 states with environmental protections enshrined in its constitution.

Columbia University climate change law professor Michael Gerrard says although this ruling is specific to Montana, it sets an important precedent for other climate litigation.

“I think this kind of victory will embolden youth plaintiffs and others to bring similar cases in other parts of the country, and here the trial court, now referred by the state Supreme Court, upheld all the findings of the climate scientists. It’s going to be increasingly hard for anyone to challenge those scientific findings,” said Gerrard.

Given that the case is predicated on Montana’s Constitution, this ruling is the final decision. It cannot be appealed to a federal court.