Climate Connections: Post Held v. Montana, youth lead the way

Caitlyn Lewis and Summer Nelson

In 2023, the world watched as Montana youth secured a historic legal victory in Held v. Montana, when the court affirmed their state constitutional right to a clean and healthful environment. That ruling was celebrated worldwide as proof that even in a historically fossil-fuel-reliant state, young people can hold the government accountable for protecting their future.

Young people shouldn’t have to be concerned with what a legal deposition is or a motion for preliminary injunction, but the youth of today are willing to do what it takes to protect their (and our) futures, including taking the government to court.

Now, just two years later, Montana youth alongside young people from around the nation are headed to court again—this time at the federal level in Lighthiser v. Trump. The case, which has a hearing right here in Missoula September 16-17th, challenges President Donald Trump’s executive orders that expand fossil fuel development, diminish climate science, and eliminate climate solutions. Plaintiffs argue these orders are not mere policy preferences but constitutional violations that worsen the climate crisis and endanger young people’s rights to life and liberty.

Their claims rest on three points: first, that a stable climate underpins the Fifth Amendment right to life and liberty; second, that the president has no authority to override laws like the Clean Air Act to promote fossil fuels; and third, that by deliberately escalating climate harm, the government has created new dangers in violation of its duty to protect citizens.

Here lies Montana’s paradox. Montanans became climate leaders because of Held v. Montana, but our state’s Attorney General (with 17 other states) filed a motion to intervene in Lighthiser v. Trump against the young people and in support of the Trump administration’s climate-harming orders. In doing so, state officials undermine what their young citizens have been fighting for - a stable, livable climate that supports their ability to pursue life and liberty.

“Lighthiser v. Trump is the only case in which a coalition of states has sought to intervene — a clear sign that this youth-led lawsuit poses the greatest threat to the fossil fuel expansion policies of this Administration,” according to the plaintiffs’ legal team.

For the plaintiffs, the case is about more than climate pollution. It is about democracy’s promise: when one branch of government fails, courts can step in to safeguard fundamental rights. A livable planet, they argue, is the foundation for every other liberty enshrined in the U.S. Constitution.

Whether or not Montana’s state government embraces its own youth, young people have become leaders in the climate fight—challenging us all to ask: amidst threats to our Constitutional rights, how can we come together to fight back and keep working towards a livable future?

As citizens, we have the opportunity to show these brave young people we have their backs as they head to their first federal court hearing this month. On September 10th at 3pm, learn more about the hearing from Our Children’s Trust staff and attorneys during a hybrid event presented by Families for a Livable Climate and Climate Smart Montana. Sign up for the pre-hearing session here.

Come cheer on the youth during the hearing! On September 16 & 17th from 7:15am - 9:00am, we’ll gather outside Missoula’s Russell Smith Federal courthouse (201 E. Broadway, Suite 310) for a peaceful rally to cheer on the brave youth plaintiffs as they walk into history, standing up for their rights to life and liberty! RSVP for the hearing here.

Montana’s youth have been showing us what courage looks like, but this fight is multigenerational. It’s time for all of us to stand with them, to demand climate justice, and to protect a livable future for every generation.

Caitlyn Lewis is the Communications Director and Summer Nelson is the Program Director for Families for a Livable Climate. Climate Smart Missoula brings this Climate Connections column to you twice monthly. Learn more about our work and sign up for our e-newsletter at missoulaclimate.org.