Children have constitutional right to a healthy environment, US court rules
A group of young environmental activists has won a ground-breaking legal victory after a court in Montana ruled their right to a “clean” environment was being violated by fossil fuel development.
The first-of-its-kind trial was described by its proponents as a “game-changer” that could bring a wave of similar cases aimed at tackling the climate crisis.
The case was brought by 16 activists, the youngest of whom is just five years old. The oldest was 22 years old.
The group sued the state of Montana, arguing its pro-fossil fuel policies were contributing to climate change.
They argued that their right to a clean environment is enshrined in the state’s constitution.
The young activists delivered emotional testimony detailing the injuries they claim to have suffered as a result of climate change.
A 15-year-old with asthma described himself as “a prisoner” in his own home during a period of intense wildfire smoke.
Rikki Held, 22, detailed how extreme weather has hurt her family’s ranch.
“I know that climate change is a global issue, but Montana has to take responsibility for our part in that,” she told the court.
A district court in Montana ruled that a state law which prevents agencies from considering the impacts of greenhouse gases when issuing permits for coal mining, natural gas extraction and other fossil fuel projects was unconstitutional.
Judge Kathy Seeley wrote in the ruling that Montana’s emissions “have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury” to the youth.
Montana, a major coal producer, is home to the largest recoverable coal reserves in the country.
It is also one of the few US states that has environmental protections written into its constitution, which guarantees a right to a “clean and healthful environment”.
Julia Olson, a lawyer representing the young activists, called the ruling a win “for Montana, for youth, for democracy, and for our climate”.
She said: “As fires rage in the West, fuelled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos”.
Emily Flower, a spokesperson for Montana’s attorney general Austin Knudsen, decried the ruling as “absurd” and said the office planned to appeal the ruling.
She criticised the judge for allowing the group of young activists to put on what she branded a “taxpayer-funded publicity stunt.”
If the ruling stands, it could set an important legal precedent.
However, it is up to the Montana legislature to determine how to bring the state’s policies into compliance.
That leaves slim chances for immediate change in a fossil fuel-friendly state where Republicans dominate the statehouse.
