David Mandelbaum, Greenberg Traurig.
On Aug. 14, a trial judge in Montana issued findings of fact and conclusions of law after a bench trial in what has been called the Montana “Youth Climate Case.” See Held v. Montana, No. CDV-2020-307 (Mont. D. Ct., Lewis & Clark Cty, Aug. 14, 2023). The case has received some serious attention in the weeks since because Judge Kathey Seely found that the plaintiffs—16 young residents of Montana—had suffered and would suffer injury on account of climate change caused by greenhouse gas emissions in Montana and combustion of fossil fuels extracted from Montana. Those injuries gave the plaintiffs standing to mount a challenge under the environmental rights provision of the Montana constitution to amendments to the Montana Environmental Policy Act that prohibited Montana officials from considering climate change as part of the pre-decisional environmental review required by that statute.
The court concluded that the MEPA amendments violated the right to a “clean and healthful environment” assured by Article II, Section 3 of the Montana Constitution. Section 3 reads: “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.”
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