Big Sky Times

In a historic ruling, 16 young Montanans won a constitutional climate trial, as Judge Kathy Seeley declared the Montana Environmental Policy Act Limitation unconstitutional, marking a substantial victory for environmental rights.

The state of Montana's consumption of fossil fuels was noted to be disproportionately large. "Montana is a major emitter of [greenhouse gas] emissions in the world in absolute terms, in per person terms, and historically," Judge Seeley wrote in her ruling.

A groundbreaking legal decision was reached in Montana's First Judicial District Court as Seeley ruled on August 14, 2023, in favor of 16 young Montanans who were the plaintiffs in the first-ever constitutional climate trial in the U.S. The ruling found that the Montana Environmental Policy Act (MEPA) Limitation was unconstitutional, having contributed to the degradation of Montana's environment.

The plaintiffs, after three years of waiting, successfully argued that Montana's government had violated their constitutional rights, including their right to a clean and healthful environment. The government's support of fossil fuels and refusal to acknowledge climate impacts were cited as key points of contention.

Attorneys from the Western Environmental Law Center and McGarvey Law represented the plaintiffs in this case developed by Our Children's Trust. Senior attorney Barbara Chillcott expressed satisfaction with the court's recognition of the state's harmful energy policies, calling the decision a "game-changer."

Seeley's ruling has set a precedent in the emerging field of U.S. constitutional climate cases. Similar cases, including a trial involving 21 youth plaintiffs against the U.S. government and a case in Hawai'i involving climate-fueled wildfires, are also in the legal pipeline, according to Western Environmental Law Center.

The decision has been hailed as a major victory for environmental activists advocating for a more responsible approach to climate change. Melissa Hornbein, a senior attorney at the Western Environmental Law Center, expressed relief that the court recognized the real and present dangers of the climate crisis, especially as seen in recent natural disasters.

Julia Olson, Chief Legal Counsel and Executive Director of Our Children's Trust emphasized the historical significance of the ruling, stating that it marked "a turning point in this generation's efforts to save the planet from the devastating effects of human-caused climate chaos."

The case is expected to move to the Montana Supreme Court.