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Youth environmentalists bring Montana climate case to trial after 12 years, seeking to set precedent

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Youth environmentalists bring Montana climate case to trial after 12 years, seeking to set precedent


HELENA, Mont. (AP) — Whether a constitutional right to a healthy, livable climate is protected by state law is at the center of a lawsuit going to trial Monday in Montana, where 16 young plaintiffs and their attorneys hope to set an important legal precedent.

It’s the first trial of its kind in the U.S., and legal scholars around the world are following its potential addition to the small number of rulings that have established a government duty to protect citizens from climate change.

The trial comes shortly after the state’s Republican-dominated Legislature passed measures favoring the fossil fuel industry by stifling local government efforts to encourage renewable energy while increasing the cost to challenge oil, gas and coal projects in court.

By enlisting plaintiffs ranging in age from 5 to 22, the environmental firm bringing the lawsuit is trying to highlight how young people are harmed by climate change now and will be further affected in the future. Their testimony will detail how wildfire smoke, heat and drought have harmed residents’ physical and mental health.

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The plaintiffs’ youth has little direct bearing on the legal issues, and experts say the case likely won’t lead to immediate policy changes in fossil fuel-friendly Montana.

But over two weeks of testimony, attorneys for the plaintiffs plan to call out state officials for pursuing oil, gas and coal development in hopes of sending a powerful message to other states.

Plaintiff Grace Gibson-Snyder, 19, said she’s felt the impacts of the heating planet acutely as wildfires regularly shroud her hometown of Missoula in dangerous smoke and as water levels drop in area rivers.

“We’ve seen repeatedly over the last few years what the Montana state Legislature is choosing,” Gibson-Snyder said. “They are choosing fossil fuel development. They are choosing corporations over the needs of their citizens.”

In high school, Gibson-Snyder was an environmental activist who was too young to vote when she signed on as a plaintiff. The other young plaintiffs include members of Native American tribes, a ranching family dependent on reliable water supplies and people with health conditions, such as asthma, that put them at increased risk during wildfires.

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Some plaintiffs and experts will point to farmers whose margins have been squeezed by drought and extreme weather events like last year’s destructive floods in Yellowstone National Park as further evidence that residents have been denied the clean environment guaranteed under Montana’s Constitution.

Experts for the state are expected to downplay the impacts of climate change and what one of them described as Montana’s “miniscule” contributions to global greenhouse gas emissions.

Lawyers for Montana Attorney General Austin Knudsen, a Republican, tried repeatedly to get the case thrown out over procedural issues. In a June 6 ruling, the state Supreme Court rejected the latest attempt to dismiss it, saying justices were not inclined to intervene just days before the start of a trial that has been “literally years in the making.”

One reason the case may have made it so far in Montana, when dozens of similar cases elsewhere have been rejected, is the state’s unusually protective 1972 Constitution, which requires officials to maintain a “clean and healthful environment.” Only a few other states, including Pennsylvania, Massachusetts and New York, have similar environmental protections in their constitutions.

In prior rulings, State District Judge Judge Kathy Seeley significantly narrowed the scope of the case. Even if the plaintiffs prevail, Seeley has said she would not order officials to formulate a new approach to address climate change.

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Instead, the judge could issue what’s called a “declaratory judgment” saying officials violated the state Constitution. That would set a new legal precedent of courts weighing in on cases typically left to the government’s legislative and executive branches, environmental law expert Jim Huffman said.

Still, such a ruling would have no direct impact on industry, said Huffman, dean emeritus at Lewis & Clark Law School in Portland, Oregon.

“A declaratory judgment would be a symbolic victory, but would not require any particular action by the state government. So the state could, and likely would, proceed as before,” he said.

Economist Terry Anderson, a witness for the state, said that over the past two decades, carbon dioxide emissions from Montana have declined, but that’s in part due to the shuttering of coal power plants.

“Montana energy or environmental policies have virtually no effect on global or local climate change because Montana’s GHG (greenhouse gas) contributions to the global total is trivial,” Anderson said in court documents.

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He argued climate change could ultimately benefit Montana with longer growing seasons and the potential to produce more valuable crops.

Supporters of the lawsuit predicted an overflow crowd when the trial starts Monday in Helena. They rented a nearby theater to livestream the proceedings for those who can’t fit in the courtroom.

The case was brought in 2020 by attorneys for the environmental group Our Children’s Trust, which has filed climate lawsuits in every state on behalf of young plaintiffs since 2011. Most of those cases, including a previous one in Montana, were dismissed prior to trial.

A ruling in favor of the Montana plaintiffs could have ripple effects, according to Philip Gregory, Our Children’s Trust attorney. While it wouldn’t be binding outside Montana, it would give guidance to judges in other states, which could impact upcoming trials such as one in Hawaii, Gregory said.

Attempts to get a similar decision at the federal level were boosted by a June 1 ruling allowing a case brought by young climate activists in Oregon to proceed to trial in U.S. District Court. That case was halted by U.S. Supreme Court Justice John Roberts on the eve of the trial in 2018.

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From 2011 through 2021, Our Children’s Trust brought in contributions of more than $20 million, growing from four employees to a team of more than 40 attorneys and other workers and about 200 volunteers, according to tax filings and the group’s website.

Founder Julia Olson said securing the trials in Montana and Oregon marked a “huge step” forward for the group.

“It will change the future of the planet if courts will start declaring the conduct of government unconstitutional,” she said.

While Montana’s Constitution requires the state to “maintain and improve” a clean environment, the Montana Environmental Policy Act, originally passed in 1971 and amended several times since, requires state agencies to balance the environment with resource development.

Lawmakers revised the policy this year to say environmental reviews may not look at greenhouse gas emissions and climate impacts unless the federal government makes carbon dioxide a regulated pollutant.

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A key question for the trial will be how forcefully the state contests established science on human-caused greenhouse gas emissions, said Jonathan Adler, environmental law professor at Case Western Reserve University in Cleveland. If the state doesn’t deny that science, the trial will deal with the question of whether courts can tell governments to address climate change.

“I’m skeptical about that,” Adler said. “It really pushes the boundaries of what courts are capable of and effective at addressing.”

To Gibson-Snyder, now a student at Yale University in New Haven, Connecticut, the court system became the only avenue to make change as a 16-year-old.

Since then, “I’ve become maybe a bit disillusioned,” she said. “The question is not only can we create sustainable policy, it’s how can we dismantle the policy that’s actively harming Montana?”

___

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Brown reported from Billings, Montana. Associated Press writer Drew Costley contributed from Washington, D.C.



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Missoula Sentinel pipeline aiding Montana State's run to FCS national championship game

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Missoula Sentinel pipeline aiding Montana State's run to FCS national championship game


MISSOULA — Montana State’s path to Frisco, Texas, for the FCS national championship has been built by Treasure State natives.

For Rylan Ortt, Adam Jones and Zac Crews, that road started with the decision to become Bobcats — and spurn the hometown Montana Grizzlies — after playing high school football at Missoula Sentinel.

Tom Wylie / MTN Sports

Montana State captain Rylan Ortt stands during the coin toss of the Bobcats’ game against Idaho in the quarterfinal round of the FCS playoffs at Bobcat Stadium in Bozeman on Friday, Dec. 13, 2024.

“Rylan was the first guy to grow up a Griz fan and make that jump over to Bozeman for a lot of different reasons,” Sentinel football coach Dane Oliver told MTN Sports. “And so that kind of laid the foundation. And I know Zac and Adam both looked up to Rylan.

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“You know how recruiting works, if they’re having a positive experience wherever they’re at, it helps when they hear from a kid that they trust and know.”

Ortt joined Montana State in 2019 after a stellar Sentinel career playing quarterback and throwing the javelin. As the Spartans’ QB, Ortt threw for 2,098 yards and rushed for 750 yards as a senior in 2018.

In the javelin, he won the 2019 Class AA state championship with a throw of 208 feet, 8 inches.

Once in Bozeman, Ortt transitioned to safety. He redshirted in 2019, and the 2020 season was canceled due to the COVID-19 pandemic. In the four years since, he has emerged as one of the leaders on a defense full of Montana guys.

This season, he leads the Bobcats with 75 total tackles. He’s also caught one interception and forced and recovered a fumble.

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“He sacrificed a lot for our (Sentinel) program just having to play quarterback,” said Oliver, who played for the Grizzlies and was a member of their last national title team in 2001. “And hopefully that’s helped him being a safety, and maybe the knowledge you gain from the quarterback perspective has allowed him to have success at that level.”

While Ortt has been a stalwart in MSU’s secondary, Jones has had a breakout season on offense. He burst onto the scene in the Bobcats’ season-opening come-from-behind win at FBS New Mexico when he rushed for 167 yards, including a 93-yard touchdown that sparked the fourth-quarter comeback.

Jones this season has become the most prolific freshman runner in program history, rushing for 1,134 yards and 14 touchdowns. Against Idaho in the quarterfinals of the FCS playoffs, Jones accounted for 95 yards and four touchdowns with starting running back Scottre Humphrey sidelined.

“He’s got all the traits of what it takes to be great,” Oliver said of Jones. “You know, (Jones is successful) maybe a little earlier than I expected. I think the thing that Adam had going for him (in high school) was he was a three-sport athlete. You know, he was a heck of a baseball player, did hockey and football.

“He was always physical. … He’s got the hockey nature, so he’s not afraid of contact. But he’s put on some weight. He can finish runs, always falls forward, he’s got great vision. He’s got all the qualities of a back.”

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Montana State vs. South Dakota

Slim Kimmel / MTN Sports

Montana State’s Adam Jones (23) and Zack Black (50) celebrate after the Bobcats defeated South Dakota in a semifinal game of the FCS playoffs at Bobcat Stadium in Bozeman on Saturday, Dec. 21, 2024.

Jones, Crews and fellow Cats Dylan Rollins and J.J. Dolan each played a part in helping Sentinel win Class AA state football championships in 2020 and 2021. Prior to the 2020 title, the Spartans’ last championship came in 1972.

Crews, a sophomore, has turned into a contributor on the defensive line with 24 total tackles and 2.5 sacks.

Dolan is a redshirt freshman, and Rollins, the 2020 Gatorade Montana player of the year and a 2021 Sentinel grad, is a freshman after beginning his college career at BYU and serving an LDS mission.

Now they’re all part of an MSU program aiming to end its own drought and win its first national championship since 1984.

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“It’s fun to see them go on to be successful, not just the ones that play college football,” Oliver said. “It’s made me realize why I do this. It takes a lot of time and energy to coach high school football.

“So, just to see them grow into young men and have success and be fulfilled in it, whatever career they choose, and those guys are doing it on a public stage, and so obviously super rewarding for myself and all our staff to see the success they’re having.”

Montana State (15-0) will play North Dakota State (13-2) for the FCS national championship on Jan. 6.





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How North Dakota State and Montana State reached the FCS national championship game

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How North Dakota State and Montana State reached the FCS national championship game


After a thrilling 2024 season, FCS football will crown a champion when North Dakota State and Montana State battle on a Monday night. As the Bison and Bobcats near the pinnacle of the sport, let’s take a look back at their journeys.

🏈 MORE FCS FOOTBALL 🏈 

North Dakota State

ndsu

Regular season

North Dakota State finished the regular season 10-2, losing its first game to Colorado out of the FBS and its final game to South Dakota out of the MVFC. The season-ending loss prevented the Bison from winning the MVFC outright, but it didn’t matter as NDSU still got the No. 2 overall seed in the playoffs.

FCS playoffs

North Dakota State fought off an early scare from Abilene Christian in the second round to win by 20 points. In the quarterfinals, the Bison beat Mercer 31-7 in a game they controlled from start to finish.

Semifinal round

In the semifinals, North Dakota State defeated South Dakota State for the second time this year to advance to the championship game. Click or tap here for more on the thrilling finish.

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Bison schedule

Opponent Win/Loss Score Record Ranking (AFCA)
at Colorado L 31-26 0-1 No. 2
vs. Tennessee State W 52-3 1-1 No. 2
at ETSU W 38-5 2-1 No. 2
vs. Towson W 41-24 3-1 No. 2
at No. 15 Illinois State W 42-10 4-1 No. 2
vs. No. 6 North Dakota W 41-17 5-1 No. 2
at Southern Illinois W 24-3 6-1 No. 2
vs. No. 1 South Dakota State W 13-9 7-1 No. 2
at Murray State W 59-6 8-1 No. 1
vs. Northern Iowa W 42-19 9-1 No. 1
vs. No. 14 Missouri State W 59-21 10-1 No. 1
at No. 4 South Dakota L 29-28 10-2 No. 1
vs. (15) Abilene Christian W 51-31 11-2 No. 4
vs. (7) Mercer W 31-7 12-2 No. 4
vs. (3) South Dakota State W 28-21 13-2 No. 4

Key players this season

  • QB Cam Miller
  • RB CharMar Brown
  • RB TK Marshall
  • WR Bryce Lance
  • WR Braylon Henderson
  • TE Joe Stoffel
  • OL Mason Miller
  • OL Grey Zabel
  • DL Eli Mostaert
  • DL Kody Huisman
  • DL Loshiaka Roques
  • LB Logan Kopp
  • DB Darius Givance
  • K Griffin Crosa

North Dakota State has a reloaded roster under first-year head coach Tim Polasek. The Bison have the Jerry Rice Award winner CharMar Brown in the backfield along top-three Walter Payton Award finalist Cam Miller. The trenches are stout yet again with NFL prospect Grey Zabel on offense and All-American Eli Mostaert on defense.

Montana State

montana state

Regular season

Montana State finished the regular season 12-0 with the longest regular-season win streak in the FCS. Only two Bobcat games — an FBS win over New Mexico State and a Big Sky win over UC Davis — were within one possession.

FCS playoffs

Montana State’s dominance continued in the playoffs. The Bobcats didn’t play a close game in the first two rounds, averaging 50.5 points scored and a 32.5 margin of victory.

Semifinal round

In the semifinals, Montana State held off South Dakota to advance to the championship game. Tommy Mellott led the way offensively with 134 passing yards and a touchdown plus 125 rushing yards and two touchdowns. Click or tap here for more from the game.

Bobcat schedule

Opponent Win/Loss Score Record Ranking (AFCA)
at New Mexico W 35-31 1-0 No. 4
at Utah Tech W 31-7 2-0 No. 3
vs. Maine W 41-24 3-0 No. 3
vs. Mercyhurst W 52-13 4-0 No. 3
at Idaho State W 37-17 5-0 No. 3
vs. Northern Colorado W 55-17 6-0 No. 3
vs. No. 8 Idaho W 38-7 7-0 No. 3
Portland State W 44-14 8-0 No. 3
at Eastern Washington W 42-28 9-0 No. 2
vs. Sacramento State W 49-7 10-0 No. 2
at No. 4 UC Davis W 30-28 11-0 No. 2
vs. No. 10 Montana W 34-11 12-0 No. 2
vs. UT Martin W 49-17 13-0 No. 1
vs. Idaho W 52-19 14-0 No. 1
vs. South Dakota W 31-17 15-0 No. 1

Key players this season

  • QB Tommy Mellott
  • RB Scottre Humphrey
  • RB Adam Jones
  • WR Taco Dowler
  • WR Ty McCullouch
  • TE Rohan Jones
  • OL Marcus Wehr
  • OL Conner Moore
  • OL Titan Fleischmann
  • OL Cole Sain
  • DL Brody Grebe
  • DL Paul Brott
  • LB McCade O’Reilly
  • LB Danny Uluilakepa
  • DB Andrew Powdrell
  • DB Rylan Ortt
  • P Brendan Hall

Montana State is an experienced group with a mix of young talent. Adam Jones was the runner-up for the Jerry Rice Award while senior Tommy Mellott is a top-three Walter Payton Award finalist. Brody Grebe leads the defense; he finished ninth in Buck Buchanan Award voting.

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In 2024, the final four FCS teams all have legitimate shots at winning it all. Here’s why.

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What a championship would mean for each FCS semifinal team

Four teams remain in the 2024 FCS championship chase: Montana State, South Dakota, South Dakota State and North Dakota State. Winning a title means something different for each one.

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Before the 2024 quarterfinals kick off, it’s time to rank the most intriguing possibilities for a national championship matchup — and why.

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Students deliver Christmas meals to veterans in Great Falls

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Students deliver Christmas meals to veterans in Great Falls


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Students deliver Christmas meals to veterans in Great Falls

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In the video above, Paul Sanchez reports on students from Central Catholic High School in Great Falls, who provided all of the fixings for Christmas meals for 50 military veterans.



Copyright 2024 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.





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