Last month, a district court judge in Montana ruled in favor of 16 youth plaintiffs, aged 5 to 22, that the state had violated their constitutional rights by prohibiting state-permitted fossil fuel projects from considering the impacts of greenhouse gas emissions. The judge agreed with the plaintiffs that a stable climate is part of a “clean and healthful environment” which is guaranteed under Montana’s state constitution. While past climate cases have focused on individual projects or actions, this case affirmed that these Montana children have a right to a safe livable climate (Read the extensive evidence cited by Judge Seeley in the case) The ruling will have consequences in how the state of Montana weighs the costs of fossil fuel emissions on their environmental reviews before approving extraction projects. The case also sets an important precedent at the state-level: Hawaii, Pennsylvania, Illinois, Massachusetts, Rhode Island and New York all have clauses in their state constitutions that guarantee some environmental rights. Held v. Montana could open up new litigation in these states if they can show that the state is violating human rights through their endorsement of fossil fuels.

In the larger picture, Held v. Montana could prove to be a turning point in a U.S. courtroom. While the connection between human rights and climate change has been made in countries all over the world, this was the first case of its kind to be ruled on in a U.S. courtroom.

In her decision, District Court Judge Kathy Seeley relied heavily on the overwhelming evidence that our youth will be significantly impacted by climate change caused by the burning of fossil fuels: “Children born in 2020 will experience a two to sevenfold increase in extreme events, particularly heatwaves, compared with people born in 1960.” As we discussed in our rights of nature blog post, giving something legal standing in the U.S., whether it be to a person, a corporation, a river, or the right to healthy environment carries considerable weight and power. As the human right to a healthy and stable environment becomes more accepted by law, we at MVCC will have more tools to call on when advocating for the local, regional and national changes that must be made to regulate our climate.