A Montana district court judge ruled Monday that a state law barring its agencies from considering the impacts of climate change when issuing permits is a violation of the state Constitution’s right to a “clean and healthful environment.”
The ruling comes two months after the conclusion of a seven-day trial in Helena that attracted national attention as one of the first to challenge a state’s fossil fuel policies on constitutional grounds. A group of 16 young Montanans filed the lawsuit in 2020, alleging that Montana’s laws supporting fossil fuel development are contributing to climate change, the impacts of which are violating the plaintiffs’ constitutional rights.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit Held v. Montana at the Lewis and Clark County Courthouse on June 20, 2023.
“Montana’s (greenhouse gas) emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury to the youth plaintiffs,” Lewis and Clark County District Court Judge Kathy Seeley wrote in the order.
She continued, “Plaintiffs have a fundamental constitutional right to a clean and healthful environment, which includes climate as part of the environmental life-support system.”
The state Legislature is specifically tasked with protecting that “environmental life-support system” under Montana’s Constitution. In the legislative session that concluded earlier this year, Republican lawmakers amended the Montana Environmental Policy Act, or MEPA, to prohibit consideration of greenhouse gas emissions and climate change in permitting decisions. MEPA guides the environmental review process for permits, such as those granted for coal mine expansions or new power plants.
That prohibition within MEPA, passed as Senate Bill 557, is now invalid, under Seeley’s decision.
Youth plaintiffs in the climate change lawsuit Held v. Montana arrive at the Lewis and Clark County Courthouse on June 20, 2023, for the final day of the trial.
The youth plaintiffs were represented by Our Children's Trust, an environmental organization that has filed dozens of similar lawsuits in other states. The lawsuit names Montana, the governor, attorney general and several state agencies as defendants.
Photos: Youth climate change lawsuit, Held vs. Montana, gets its day in court
Neva Zanoni, 9, in red, and Neko Ensing, 9, make a rally sign outside the Lewis and Clark County Courthouse on June 12, 2023 on the first day hearings in Held vs. Montana, a climate lawsuit brought by 16 youth plaintiffs.
Youth plaintiffs in the climate change lawsuit, Held vs. Montana, arrive at the Lewis and Clark County Courthouse on June 12, 2023 for the first day of hearings in the trial.
Youth plaintiffs in the climate change lawsuit, Held vs. Montana, arrive at the Lewis and Clark County Courthouse on June 12, 2023 for the first day of hearings in the trial.
Youth plaintiffs in the climate change lawsuit, Held v. Montana, arrive at the Lewis and Clark County Courthouse on June 12, 2023, for the first day of hearings in the trial.
Olivia Vesovich, 19, a plaintiff in the climate change lawsuit, Held v. Montana, high fives a supporter outside the Lewis and Clark County Courthouse on June 12, 2023, the first day of hearings in the trial.
Youth plaintiffs in the climate change lawsuit, Held v. Montana, pose for a photo outside the Lewis and Clark County Courthouse on June 12, 2023, the first day of hearings in the trial.
Youth plaintiffs in the climate change lawsuit, Held vs. Montana, pose for a photo outside the Lewis and Clark County Courthouse on June 12, 2023, the first day of hearings in the trial.
Rikki Held, the lead plaintiff in the climate change lawsuit, Held vs. Montana, is seen outside the Lewis and Clark County Courthouse on June 12, 2023, the first day of hearings in the trial.
Rikki Held, the lead plaintiff in the climate change lawsuit, Held vs. Montana, is seen outside the Lewis and Clark County Courthouse on June 12, 2023, the first day of hearings in the trial.
Rikki Held, the lead plaintiff in the climate change lawsuit, Held vs. Montana, is seen outside the Lewis and Clark County Courthouse on June 12, 2023, the first day of hearings in the trial.
Plaintiff Rikki Held, center, talks with other plaintiffs before a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Plaintiff Badge Busse shows other plaintiffs a drawing before a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Attorneys prepare before a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Attorneys for the state of Montana are seen before a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Mae Nan Ellingson, a delegate to the 1972 Montana Constitutional Convention, testifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Plaintiffs' attorney Roger Sullivan questions a witness during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Plaintiff’s attorney Roger Sullivan questions a witness during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Mae Nan Ellingson, a delegate to the 1972 Montana Constitutional Convention, testifies during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Mae Nan Ellingson, a delegate to the 1972 Montana Constitutional Convention, testifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Lead plaintiff Rikki Held takes the stand during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Lead plaintiff Rikki Held takes the stand during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Lead plaintiff Rikki Held testifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
An attorney for the State of Montana makes an objection during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Lead plaintiff Rikki Held testifies during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Lead plaintiff Rikki Held testifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Dr. Steven Running, an expert witness for the plaintiffs, takes the stand during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Dr. Steven Running, an expert witness for the plaintiffs, testifies during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 12, 2023.
Lead plaintiff Rikki Held is seen at a rally on June 12, 2023 in Helena, Mont. after the first day of hearings in the climate change lawsuit Held vs. Montana.
Some of the 16 plaintiffs in the climate change lawsuit, Held vs. Montana, are seen at rally after the first day of hearing in the trial on June 12, 2023 in Helena.
Some of the 16 plaintiffs in the climate change lawsuit, Held v. Montana, are seen at rally after the first day of hearing in the trial on June 12, 2023, in Helena.
Plaintiff’s expert witness Cathy Whitlock, a professor at Montana State University, tesitifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Plaintiff’s expert witness Cathy Whitlock, a professor at Montana State University, tesitifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
State Attorney Thane Johnson raises an objection during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Plaintiff Badge Busse is seen during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Cathy Whitlock, a professor at Montana State University and expert witness for the plaintiffs, testifies during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Plaintiffs and observers fill the gallery seating during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Cathy Whitlock, a professor at Montana State University and expert witness for the plaintiffs, testifies during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Plaintiffs listen to testimony during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 13, 2023.
Attorneys for the youth plaintiffs hold a press conference after closing arguments in the climate change trial, Held v. Montana, outside the Lewis and Clark County Courthouse on June 20, 2023.
Attorneys for the youth plaintiffs hold a press conference after closing arguments in the climate change trial, Held v. Montana, outside the Lewis and Clark County Courthouse on June 20, 2023.
Lead plaintiff Rikki Held is seen on June 20, 2023, in Helena, Mont., after the final day in the climate change lawsuit Held v. Montana.
Plaintiffs listen to testimony during a hearing in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 20, 2023.
Closing arguments are delivered in the climate change lawsuit, Held v. Montana, at the Lewis and Clark County Courthouse on June 20, 2023.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit Held v. Montana at the Lewis and Clark County Courthouse on June 20, 2023.
Lead plaintiff Rikki Held listens to testimony during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 20, 2023.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 20, 2023.
Attorneys for the State of Montana are seen before a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 20, 2023.
Youth plaintiffs in the climate change lawsuit, Held vs. Montana, arrive at the Lewis and Clark County Courthouse on June 20, 2023 for the final day of the trial.
Judge Kathy Seeley speaks during a hearing in the climate change lawsuit, Held vs. Montana, at the Lewis and Clark County Courthouse on June 20, 2023.
Youth plaintiffs in the climate change lawsuit Held v. Montana arrive at the Lewis and Clark County Courthouse on June 20, 2023, for the final day of the trial.
