In a lawsuit brought by 16 youth plaintiffs, a Montana trial court ruled that a provision of the Montana Environmental Policy Act (MEPA) prohibiting consideration of greenhouse gas emissions and corresponding climate change impacts in environmental reviews (the MEPA Limitation) violated the plaintiffs’ right to a clean and healthful environment under the Montana Constitution. The court held that the plaintiffs had a fundamental right to a clean and healthful environment, “which includes climate as part of the environmental life-support system.” The court also held that a statutory provision limiting the remedies available to MEPA litigants violated the Montana Constitution because “it removes the only preventative, equitable relief available to the public and MEPA litigants.” The court issued its findings of facts, conclusions of law, and order less than two months after the conclusion of a seven-day trial at which the plaintiffs and plaintiffs’ expert witnesses testified regarding climate science, the effect of greenhouse gas emissions in Montana, and the impacts of climate change on children in Montana. The court found that “[t]he unrefuted testimony at trial established that climate change is a critical threat to public health” and that the plaintiffs “have been and will continue to be harmed by the State’s disregard of [greenhouse gas] pollution and climate change pursuant to the MEPA Limitation.” The court further found that “[w]hat happens in Montana has a real impact on fossil fuel energy systems, CO2 emissions, and global warming” and that the State defendants’ actions to permit fossil fuel activities with no environmental review of greenhouse gas emissions and climate change increased Montana’s emissions and “exacerbate anthropogenic climate change and cause further harms to Montana’s environment and its citizens, especially its youth.” In addition, the court found that the plaintiffs proved standing to bring their claims based on injuries to their physical and mental health, homes and property, recreational, spiritual, and aesthetic interests, tribal and cultural traditions, economic security, and happiness (though the court said mental health injuries “directly resulting from State inaction or counterproductive action on climate change” did not on their own establish a cognizable injury). The court concluded that “[e]very additional ton” of greenhouse gas emissions exacerbated the plaintiffs’ injuries. The court also concluded that there was a fairly traceable connection between the State’s disregard of greenhouse gas emissions pursuant to the MEPA Limitation and the plaintiffs’ injuries and that the plaintiffs proved redressability because the State defendants could deny permits for fossil fuel activities that would result in unconstitutional levels of greenhouse gas emissions. Citing the Montana Constitution, transcripts of the constitutional convention, and Montana Supreme Court precedent, the trial court held that the constitutional right to a clean and healthful environment requires “enhancement” of Montana’s environment and “is complemented by an affirmative duty upon [the] government to take active steps to realize” the right. The court also cited Montana Supreme Court precedent holding that MEPA was essential to State efforts to meet its constitutional obligations. The court concluded that “[b]y enacting and enforcing the MEPA Limitation,” the State failed to meet its affirmative duty. The court further concluded that the MEPA Limitation did not survive strict scrutiny because the State failed to present any evidence of a compelling governmental interest for the provision.” The court noted that undisputed testimony established that the defendants could consider greenhouse gas emissions and climate change and that “clean renewable energy is technically feasible and economically beneficial.” The court further found that even if a compelling interest were established, the MEPA Limitation was not narrowly tailored to serve that interest. The Montana attorney general’s office indicated the State would appeal the decision to the Montana Supreme Court.

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 Ruled that State Law’s Restriction on Consideration of Climate Change Impacts Violated Youth Plaintiffs’ Constitutional Rights

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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

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

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

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.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Technologies that capture and hold energy in reserve for later use.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Production of electricity and heat from solar irradiation.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

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.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

People who have left their homes, whether through force, voluntarily, or a mixture of both

woman and genders outside of the gender binary

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

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

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

Montana Trial Court Ruled that State Law’s Restriction on Consideration of Climate Change Impacts Violated Youth Plaintiffs’ Constitutional Rights

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance