By Amy Beth Hanson and Matthew Brown

A Montana judge on Monday sided with young environmental activists who said state agencies were violating their constitutional right to a clean and healthful environment by permitting fossil fuel development without considering its effect on the climate.

The ruling in the first-of-its- kind trial in the U.S. adds to a small number of legal decisions around the world that have established a government duty to protect citizens from climate change.

District Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits — which does not allow agencies to evaluate the effects of greenhouse gas emissions — is unconstitutional.

Julia Olson, an attorney representing the youth and with Our Children’s Trust, an Oregon environmental group that has filed similar lawsuits in every state since 2011, celebrated the ruling.

“As fires rage in the West, fueled 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,” Olson said in a statement. “This is a huge win for Montana, for youth, for democracy, and for our climate. More rulings like this will certainly come.”

Judge Seeley wrote in the ruling that “Montana’s emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury” to the youth.

However, it's up to the state Legislature to determine how to bring the policy into compliance. That leaves slim chances for immediate change in a fossil fuel-friendly state where Republicans dominate the statehouse.

Attorneys for the 16 plaintiffs, ranging in age from 5 to 22, presented evidence during the two-week trial in June that increasing carbon dioxide emissions are driving hotter temperatures, more drought and wildfires and decreased snowpack. Those changes are harming the young people's physical and mental health, according to experts brought in by the plaintiffs.

The state argued that even if Montana completely stopped producing C02, it would have no effect on a global scale because states and countries around the world contribute to the amount of C02 in the atmosphere.

A remedy has to offer relief, the state said, or it’s not a remedy at all.

Share:
More In Politics
Pelosi to Cheddar: GOP Has Saddled Millennials with 'Unconscionable' Debt
Young Americans face a double burden from crushing student debt and the ballooned federal deficit that is the result of President Trump's tax cut, House Speaker Nancy Pelosi told Cheddar's J.D. Durkin in an interview that aired Wednesday. Pelosi called the economic position many millennials find themselves in, even as the economy remains strong, "unconscionable." "Republicans foisted onto future generations [an] economy that is unfair, that is not really lending itself to growth in a strong, predictable, confident, certain way," Pelosi said.
Rep. Blumenauer Is on a Mission to Make Marijuana Law 'More Realistic'
Democratic Rep. Earl Blumenauer of Oregon is pushing forward for marijuana reform, introducing the aptly named House Resolution 420 to regulate marijuana much like alcohol was regulated post-Prohibition. "Ultimately we're going to be moving in that direction, allowing the states to be able to set up a regulatory system that meets their needs ー have their own approach in terms of taxation and distribution, just like alcohol," Blumenauer told Cheddar Tuesday. "
MAGA Hats Have Become a Divisive 'Us Vs. Them' Symbol: Fashion Critic
President Trump's "Make America Great Again" cap is more than just a hat, it's a "symbol of us vs. them," Washington Post fashion editor Robin Givhan told Cheddar. Givhan penned a column last week about what the hat has come to mean in the years since it burst on the scene as a campaign accessory for Trump's 2016 presidential bid. The hat, she wrote, has become "a symbol of us vs. them, of exclusion and suspicion, of garrulous narcissism, of white male privilege, of violence and hate."
In Year 1 of Tax Reform, H&R Block Chief Asks If You Withheld Enough
Between changes in the tax code and the government shutdown, H&R Block knows this year's tax season is likely to be stressful for many. That's why the company's introducing a slate of tools, some artificial intelligence-enabled, to help make it easier and more transparent to file. "This year we are introducing upfront, transparent pricing, so every single consumer will know what's it going to cost before I start," H&R Block CEO Jeff Jones told Cheddar.
Billionaires Face Off After Former Starbucks CEO Considers White House Bid
The battle of the billionaires may be heating up ahead of the 2020 presidential race, as former mayor and media mogul Michael Bloomberg took a swipe at ex-Starbucks CEO Howard Schultz after he announced a potential run for president as an independent during an interview on "60 Minutes" Sunday. The two billionaires are looking in part to capitalize on their corporate success to gain an edge against President Trump, who leveraged his business career to gain the presidency. "Anything is really possible at this point, and you don't want to ignore a white billionaire announcing a candidacy for president," Julia Manchester, reporter at The Hill, told Cheddar Monday. "We saw it happen in 2015 and \[Trump]\ won."
Stance on Venezuela Is One of the 'Bright Spots' in Trump's Foreign Policy, Ex-Diplomat Says
The U.S. Treasury on Monday announced sanctions against Venezuela's state-owned oil firm in an effort to undermine incumbent president Nicolás Maduro and reinforce support for interim president Juan Guaidó. Brett Bruen, a former diplomat and director of global engagement under President Obama, called the administration's decision a "rare bright spot" in Trump's foreign policy. "The Trump administration is holding firm to defend democracy, they are standing up for human rights, they are standing up for the rule of law," Bruen told Cheddar Monday.
GOP Faces Existential Problem: How to Court Millennials Who Dislike Trump
Trump's political calculus to appeal to his base ー an older, whiter, more conservative demographic ー is coming at the expense of his popularity among millennials, said Kristen Soltis Anderson, a Republican pollster and author of "The Selfie Vote: Where Millennials Are Leading America." That poses a problem for the GOP as it seeks to broaden its tent in anticipation of a future when Donald Trump is not on the ballot.
Load More