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A Montana judge ruled in favor of 16 youth who sued the state, claiming the government’s continued embrace of fossil fuel projects violated their constitutional rights to a healthy environment.
SEI Affiliated Researcher Peter Erickson testified on behalf of the youth during the June 2023 trial and reacts to the news of the decision.
Nearly two months after 16 youth testified to their experience with climate change in the US state of Montana, the judge presiding over the trial ruled in favor of the young people on Monday, concluding that Montana’s lack of environmental considerations in granting continued fossil fuel extraction violated the state’s Constitution.
SEI Affiliated Researcher Peter Erickson had testified on behalf of the youth plaintiffs during the Held v. Montana trial, noting that “emissions from Montana’s fossil fuel consumption, extraction, and infrastructure are globally significant quantities,” the 14 August decision indicates.
As a result, the judge declared Montana laws barring environmental impact analysis from fossil fuel and greenhouse gas-emitting projects unconstitutional. The 16 Montana youth who sued the state requested payment of attorneys’ fees and costs.
“The court found that Montana’s emissions – including emissions from coal exported out of state – can be measured, and that these emissions make climate-related injuries worse,” Erickson said in a statement following the decision. “The ruling is bracing in its clarity and implications: namely, that Montana already has the legal authority to decline permits for any fossil fuel activities that lead to greenhouse gas emissions.
“Further, the court ruled that a stable climate system is central to a healthful environment, thereby declaring several of Montana’s current efforts to ignore climate pollution unconstitutional.”
The young people sued Montana in 2020, claiming the state does not account for greenhouse gas emissions when granting permits to extract from its vast reserve of oil and gas. That, they argued, violates the state Constitution, which guarantees the right to a healthy environment.
“Montana’s river and lake ecosystems are interconnected with each other, as well as aquatic and terrestrial ecosystems beyond Montana’s borders. Because of this interconnectivity to ecosystems both within and beyond Montana’s borders, any prohibition on the consideration of either impacts within Montana or regional impacts of climate change, is not scientifically supported.”
— Judge Kathy Seeley
In 2011, the Montana’s Legislature amended the Montana Environmental Policy Act (MEPA) to limit the scope of its environmental reviews, barring state agencies from considering “actual or potential impacts beyond Montana’s borders.” As the 2023 Held v. Montana trial drew near, the Legislature updated the law to prohibit agencies from considering “an evaluation of (greenhouse gas) emissions and corresponding impacts to the climate in the state or beyond the state’s borders.”
Experts testified that Montana is warming faster than the global average because of its higher latitudes. Evidence was also presented demonstrating that children are at higher risk of becoming ill or dying due to extreme heat, and that climate change has “detrimental impacts” on mental health that are expected to worsen.
In addition to describing economic damage to their families’ livelihoods as a result of climate change, the youth plaintiffs also claimed to suffer from allergies and asthma and a diminished ability to enjoy Montana’s natural landscape. Indigenous youth also testified that extreme weather prevents them from practicing cultural traditions and accessing traditional food sources.
The ruling is bracing in its clarity and implications: namely, that Montana already has the legal authority to decline permits for any fossil fuel activities that lead to greenhouse gas emissions.
Peter Erickson, SEI Affiliated Researcher
Erickson calculated Montana’s yearly carbon dioxide emissions resulting from the extraction, transportation and burning of fossil fuels.
He found that Montana emits the sixth-highest volume of greenhouse gas emissions per capita among US states – which is also more than the total amount from 100 countries.
Furthermore, the state has the potential to extract and burn even more. It contains the largest recoverable coal deposits in the US, as well as 10 times more oil than the state’s 4,000 oil wells currently draw.
“Montana’s emissions matter,” he said during the trial.
Judge Kathy Seeley wrote in her decision:
“Montana’s river and lake ecosystems are interconnected with each other, as well as aquatic and terrestrial ecosystems beyond Montana’s borders. Because of this interconnectivity to ecosystems both within and beyond Montana’s borders, any prohibition on the consideration of either impacts within Montana or regional impacts of climate change, is not scientifically supported.
“Defendants’ application of the MEPA Limitation during environmental review of fossil fuel and GHG-emitting projects prevents the availability of vital information that would allow Defendants to comply with the Montana Constitution and prevent the infringement of Plaintiffs’ rights.”
A spokesperson for Montana’s attorney general claimed the office would appeal the case to the state’s Supreme Court, according to the Washington Post.
Initiative / The Carbon Lock-In Initiative seeks to uncover and address the barriers that uphold the fossil fuel-based economy.
Media coverage / Sixteen young people sued Montana for violating the state constitutional right to a livable climate. An SEI affiliated researcher testified on their behalf.
Feature / Citing climate change concerns, a United States federal judge used SEI research on greenhouse gas emissions to halt Gulf of Mexico oil and gas leases.
Other publication / In a letter submitted to the District Court of The Hague, SEI Senior Scientist Peter Erickson criticizes a Shell-commissioned report on oil and gas production.
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