Written by: Daniel Larimer<\/p>\n
A group of young people have taken the issue of climate change to their state\u2019s Supreme Court in Montana.[1]<\/a>\u00a0 In 2020, a lawsuit was filed on behalf of sixteen minors between two and eighteen years old challenging a provision of the Montana Environmental Policy Act (\u201cMEPA\u201d) which forbids state agencies from considering the impacts of greenhouse gas emissions (\u201cGHG\u201d) or climate change in their environmental reviews.[2]<\/a>\u00a0 This case is the first climate change case to reach trial, and the first in which the right to a \u201cclean and healthful environment\u201d was found to be a fundamental constitutional right.[3]<\/a><\/p>\n BACKGROUND<\/p>\n In 2011, the Montana Legislature amended MEPA to limit the scope of environmental reviews (the \u201cLimitation\u201d).[4]<\/a>\u00a0 The Legislature amended the Limitation in 2023 to clarify that this limited scope prohibits Montana\u2019s state environmental agencies from considering \u201can evaluation of GHG emissions and corresponding impacts to the climate in the state or beyond the state\u2019s borders.\u201d[5]<\/a>\u00a0 This lawsuit followed.<\/p>\n THE SUIT AND DECISION<\/p>\n The plaintiffs specifically sought declaratory and injunctive relief against several Montana departments challenging the constitutionality of the Limitation.[6]<\/a>\u00a0 The plaintiffs alleged that Montana\u2019s current fossil fuel-based state energy system \u201ccauses and contributes to climate change in violation of their Montana constitutional rights.\u201d[7]<\/a><\/p>\n The district court found in favor of the plaintiffs and struck down the Limitation based on the plaintiffs\u2019 theory.[8]<\/a>\u00a0 Specifically, the court held that because the Limitation affected the child plaintiffs\u2019 fundamental right to a \u201cclean and healthful environment,\u201d it failed under strict scrutiny analysis.[9]<\/a>\u00a0 The court went on to state that the state agency defendants owed an affirmative duty to take steps to protect and realize the plaintiffs\u2019 fundamental right.[10]<\/a>\u00a0 This case is currently on appeal at the Montana Supreme Court level.<\/p>\n THE IMPACT OF THIS DECISION<\/p>\n At this stage, Held <\/em>is only a federal district court decision, so its applicability in a practical sense is quite limited.\u00a0 It is a largely fact-heavy decision based on specific language in the Montana constitution that is found in only a handful of other states\u2019 constitutions.[11]<\/a>\u00a0 However, the decision in Held<\/em> has the potential for a broad effect on climate change litigation moving forward.<\/p>\n Held <\/em>shows the potential for using a constitutionality argument in causes of action related to climate change.\u00a0 The plaintiffs were able to establish standing to assert their claims, which is a departure from how courts have traditionally ruled in this area.[12]<\/a>\u00a0 Also, ruling that the right to a clean and healthful environment is fundamental could lead to sweeping changes in Montana legislation surrounding climate change if this decision is affirmed by the Montana Supreme Court.\u00a0 Any future limitations placed on climate conscious litigation will need to be narrowly tailored to effectuate the state\u2019s interests.<\/p>\n At this stage, these effects are mostly hypothetical. But, the fact that this case has made it to Montana Supreme Court shows the possibility of future litigation on the topic making it to higher courts and that the impacts of those higher courts\u2019 decisions could be massive<\/em> on industry, the economy, and even the population as a whole.<\/p>\n <\/p>\n <\/p>\n [1]<\/a> See<\/em> Held v. Montana<\/em>, No. CV 22-137-BLG-SPW-TJC, 2023 (1st Dist. Ct. Mont., Aug. 14, 2023).<\/p>\n [2]<\/a> Id. <\/em>at 2.<\/p>\n [3]<\/a> Id. <\/em>at 94.<\/p>\n [4]<\/a> Id. <\/em>at 16.<\/p>\n [5]<\/a> Id.<\/em><\/p>\n [6]<\/a> Id.<\/em> at 1.<\/p>\n [7]<\/a> Id.<\/em><\/p>\n [8]<\/a> Id.<\/em> at 101.<\/p>\n [9]<\/a> Id.<\/em> at 100.<\/p>\n [10]<\/a> Id.<\/em> at 91.<\/p>\n