by Jill Davies, Victor
Sixteen young people, ages 5-22, from across Montana are suing the state for violating their constitutional right to a clean and healthful environment by promoting a fossil fuel-driven energy policy. “Held v. State of Montana” trial starts June 12 in Helena. This is the first-ever constitutional climate trial and first-ever children’s climate trial in U.S. history. The youths are asking the court to declare Montana’s ongoing policy of promoting the extraction and burning of fossil fuels endangers them and their future, violating their constitutional rights.
Montana’s 1972 constitution contains the strongest environmental language of any state constitution and tasks the legislature with protecting the “environmental life support system from degradation.” It survived numerous attempts to alter it during the recent legislative session.
But the legislature passed and the governor signed some ominous laws. One, in response to the recent ruling that stopped construction of the NW Energy gas plant in Laurel, dubbed the ‘MEPA limitation’, prohibits our state agencies from considering the climate impacts of new projects. Another, in anticipation of this lawsuit, repealed the state energy policy and resulted in the judge dismissing the portion of the lawsuit that challenged it saying that the court cannot rule on a statute that no longer exists. Never-the-less, the presiding judge declared, on May 23, that the lawsuit will proceed, saying that the court cannot force the state to analyze greenhouse gas emissions but it could strike down a statute that prohibits analysis.
Montana has the country’s largest recoverable coal reserves, which are critical to its economy but the coal industry is already facing financial challenges, with most of the utilities in the west moving away from coal. Montana is also renowned for its beauty, snow covered mountains, clean rivers, back-country outfitter trips and fly-fishing which are equally vital to its economy. These conflicting assets place Montana among the country’s most intense climate battlegrounds.
Our Children’s Trust, a climate-focused nonprofit law firm, is representing the youths and has lined up expert witnesses and climate scientists to testify. A coalition of 21 Montana organizations has formed to be present in Helena each day of the two week trial to show strong community support. The Bitterroot Climate Action Group (BCAG) has decided to be there June 13, and is encouraging bitterrooters to join them. Jill Davies of BCAG is organizing car pools. If you are interested, call or text (406)360-1751. For more information go to www.ourchildrenstrust.org/montana