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.
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These are the headlines you Need to Know for Thursday, Jan. 10, 2019.
Television psychologist Phil McGraw, better known as Dr. Phil, praised his "best friend" and colleague in entertainment Oprah Winfrey in an almost-endorsement for a presidential run on Wednesday when he joined Cheddar to discuss his new podcast, "Phil in the Blanks."
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After a period of serious flip-flopping, major U.S. television networks have agreed to broadcast President Trump's Tuesday night Oval Office address on immigration to the nation, but according to Christine Emba of the Washington Post, the decision may not be sensical ー largely because it marks a significant departure.
As the partial government shutdown spans its 18th day, furloughed federal workers like Sam Shirazi who have been placed on unpaid leave are struggling with both an immediate financial reality and a more amorphous sense of uncertainty. "We don't know when it's going to end, and it doesn't seem like it's going to end anytime soon," Shirazi told Cheddar's J.D. Durkin on Tuesday.
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When freshman Democratic Rep. Alexandria Ocasio-Cortez floated the idea to Anderson Cooper on "60 Minutes" Sunday that the very wealthy pay a marginal tax rate as high as 70 percent, it got pundits and politicians all worked up. What exactly was the newly-elected, self-proclaimed radical proposing?
