In the first ruling of its kind nationwide, a Montana state court decided Monday in favor of young people who alleged the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels.
The court determined that a provision in the Montana Environmental Policy Act has harmed the state’s environment and the young plaintiffs, by preventing Montana from considering the climate impacts of energy projects. The provision is accordingly unconstitutional, the court said.
The win, experts say, could energize the environmental movement and reshape climate litigation across the country, ushering in a wave of cases aimed at advancing action on climate change.
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Per the court, the problem is the state violating the Montana constitution. Thus, this is limited to that state–unless there are other states with similar clause(s). The precise wording does matter.
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And in another case…
Originally filed in 2015, Juliana v. United States was brought before a district court in Oregon by a group of plaintiffs—between the ages 8 and 19, at the time—who alleged that the federal government has knowingly violated their constitutional rights by promoting the export and production of fossil fuels that contribute to climate change.
Now almost nine years older, these individuals may never see their day in court. On Wednesday, the 9th U.S. Circuit Court of Appeals ordered a lower court judge to dismiss the lawsuit, finding that the U.S. judiciary lacked the power to provide the remedies sought by the plaintiffs.
DB2