Montana SupCo affirms decision in historic youth climate case
Micah Drew and Blair Miller
(Daily Montanan) The Montana Supreme Court on Wednesday upheld a district court ruling in the nation’s first constitutional climate change trial , affirming that the youth plaintiffs have a “fundamental constitutional right to a clean and healthful environment” while revoking two Montana statutes.
The 70-page decision, authored by Chief Justice Mike McGrath, comes 16 months after Lewis and Clark District Court Judge Kathy Seeley ruled in the landmark Held v. Montana lawsuit, explicitly stating that the state’s greenhouse gas emissions are “proven to be a substantial factor in causing climate impacts to Montana’s environment, and harm and injury to the youth plaintiffs.”
Seeley’s decision also rolled back two laws enacted by the 2023 legislature that changed the Montana Environmental Policy Act.
The state immediately appealed the decision to the Montana Supreme Court, which heard oral arguments in the appeal in July. The court found in a 6-1 decision that Montana’s constitutional guarantee of a “clean and healthful environment” includes a stable climate system, “which is clearly within the object and true principles of the Framers inclusion of the right.”
In addition, the order found that “Montanans’ right to a clean and healthful environment was violated by the MEPA Limitation, which precluded an analysis of GHG emissions in environmental assessments and environmental impact statements during MEPA review,” the order states.
The six-justice majority found the law which limited analysis of greenhouse gas emissions during environmental reviews is unconstitutional and enjoined the state from acting on it.
Justice Jim Rice dissented and Gov. Greg Gianforte blasted the ruling.
“This Court continues to step outside of its lane to tread on the right of the Legislature, the elected representatives of the people, to make policy," Gianforte said in a statement. "This decision does nothing more than declare open season on Montana’s all-of-the-above approach to energy, which is key to providing affordable and reliable energy to homes, schools, and businesses across our state.”
The Montana Environmental Information Center praised the decision.
"This decision affirms that it’s past time for swift, just, and meaningful climate action from Montana’s government and regulatory agencies. It is a critical victory for present and future generations. The Court affirmed that the Montana Environmental Policy Act is the mechanism by which Montanans are protected from harmful actions by big corporations and the state. Climate change is wreaking havoc on our economy, environment, and the health of people and their families. Fossil fuels are fueling a changing climate that has caused Montanans to suffer from rising utility bills and the fourth highest energy costs in the nation. The courageous youth plaintiffs and their legal team proved that justice is on the side of climate action."
The Daily Montanan has contacted the governor’s office, state agencies, legislative leadership and the plaintiffs for comment on the decision.