The Montana District Court awarded the youth plaintiffs who prevailed on climate change-based Montana Constitution claims against the State of Montana and other State defendants more than $2.8 million in attorney fees and almost $100,000 in additional costs. Considering the factors for an award of attorney fees under the Private Attorney General Doctrine, the court found that the “strength and societal importance of the public policies vindicated by this litigation is extremely high”; that circumstances—including harms to Montana’s children and natural environment—established a need for private enforcement; and that the number of people benefitting from the court’s decision in favor of the plaintiffs was the number of persons who benefit from rights in the Montana Constitution. The court also found that the equities in the case supported an award of attorney fees pursuant to the Uniform Declaratory Judgment Act, including because the parties were not similarly situated since the plaintiffs were “younger persons suffering the effects of climate change, with arguably no power beyond bringing suit to address their state government’s failure to abide by constitutional provisions,” and the defendants had “significantly more resources in terms of governmental structure, personnel, and power to devote to the duty to protect Montana’s natural resources and environment, including in any court case.”

Lawsuit seeking declaration of right under the Montana constitution to a stable climate system and to compel Montana to prepare and implement a remedial plan to reduce greenhouse gas emissions.

Held v. State

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Montana Trial Court Awarded Held v. State Youth Plaintiffs Attorney Fees and Costs

Filed

United States of America

Montana

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

This sector involves activities to move goods and people, alongside the storage of products.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Montana Trial Court Awarded Held v. State Youth Plaintiffs Attorney Fees and Costs

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Finance