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The judge who heard the US’s first constitutional climate trial earlier this year has ruled in favor of a group of young plaintiffs who had accused state officials in Montana of violating their right to a healthy environment.
“I’m so speechless right now,” Eva, a plaintiff who was 14 when the suit was filed, said in a statement. “I’m really just excited and elated and thrilled.”
The challengers’ lawyers described the first-of-its-kind ruling as a “game-changer” and a “sweeping win” which campaigners hope will give a boost to similar cases tackling the climate crisis.
In a case that made headlines around the US and internationally, 16 plaintiffs, aged five to 22, had alleged the state government’s pro-fossil fuel policies contributed to climate change.
In trial hearings in June, they testified that that these policies therefore violated provisions in the state constitution that guarantee a “clean and healthful environment,” among other constitutional protections.
On Monday, Judge Kathy Seeley said that by prohibiting government agencies from considering climate impacts when deciding whether or not to permit energy projects, Montana is contributing to the climate crisis and stopping the state from addressing that crisis. The 103-page order came several weeks after the closely watched trial came to a close on 20 June.
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Great news! This case may well be a 'game changer' by opening the door to further lawsuits aimed at protection of the environment and attacking the pattern of subsidies and easy permitting for the oil and gas industry practiced by both federal and state governments. Of course what makes this case so special was the role of the young people who filed the lawsuit. No doubt, the case was made easier by the fact that the voters in Montana amended the state constitution in 1972 to add specific language requiring the state to "maintain and improve a clean and healthful environment in Montana for present and future generations." Let's hope that the UN, UNICEF, and UNICEF USA will make good use of the opportunity to build on Montana's experience.
ReplyDeleteIt's indeed a great victory for young climate activists.
ReplyDeleteThe students/survivors of Parkland School shooting launched "March for Our Lives" to protest against gun violence and in favor of gun regulation laws in America. They have influenced "gun-thinking," raised awareness for common sense gun laws. Young people are forcing a gun-dialogue, in some ways, I believe.
We live in an open carry community which means a person who is 18 can legally possess a firearm––s/he can carry a high end firearm without any license to even buy a sandwich, and in public.
I am betting my faith on David Hogg, Sam Fuentes and the other young activists like them . . .