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A judge in Montana ruled on Monday that young people in the state have a constitutional right to a healthful environment, finding in a landmark case that the state’s failure to consider climate change when evaluating new projects was causing harm. The case, brought by a group of young Montana residents ranging in age from 5 to 22, is the first of its kind to go to trial in the United States. In her ruling, Kathy Seeley, a district court judge, found that the state’s emissions “have been proven to be a substantial factor” in affecting the climate. Laws that limited the ability of regulators to consider climate effects were unconstitutional, she ruled. “This is a huge win for Montana, for youth, for democracy and for our climate,” said Julia Olson, the executive director of Our Children’s Trust, which brought the case.
Persons: Kathy Seeley, , Julia Olson Organizations: Montana Locations: Montana, United States
View of an extension of Denbury Inc's Greencore carbon pipeline which connects to a pump station, in Montana, U.S., 2021. Denbury/Handout via REUTERS/File PhotoAug 14 (Reuters) - Montana is violating the rights of young people with policies that prohibit the state from considering climate change effects when it reviews coal mining, natural gas extraction and other fossil fuel projects, a state judge said Monday. In a June trial, the youths argued that despite its sparse population, Montana is responsible for an outsized share of global emissions. A spokesperson for the Montana attorney general's office called the ruling "absurd," and Seeley an "ideological judge who bent over backward to allow the case to move forward." Julia Olson, an attorney for Our Children's Trust, which represented the young people, called the decision a "huge win for Montana" and said similar decisions were likely to follow in different states.
Persons: Kathy Seeley, hadn't, Seeley, Julia Olson, Clark Mindock, Alexia Garamfalvi, Cynthia Osterman Organizations: REUTERS, Montana, Thomson Locations: Montana , U.S, Handout, Montana, Helena, U.S
Youth plaintiffs in the climate change lawsuit, Held vs. Montana, arrive at the Lewis and Clark County Courthouse, on June 20, 2023, in Helena, Mont., for the final day of the trial. 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. That leaves slim chances for immediate change in a fossil fuel-friendly state where Republicans dominate the statehouse. Julia Olson, an attorney representing the youth, released a statement calling the ruling a "huge win for Montana, for youth, for democracy, and for our climate." "Montanans can't be blamed for changing the climate — even the plaintiffs' expert witnesses agreed that our state has no impact on the global climate.
Persons: Lewis, Kathy Seeley, Judge Seeley, Julia Olson, Olson, Emily Flower, Austin Knudsen Organizations: Republicans, Montana, Trust, Montana Attorney Locations: . Montana, Clark, Helena, Mont, Montana, U.S, West, Oregon
CNN —A Montana judge handed a significant victory on Monday to more than a dozen young plaintiffs in the nation’s first constitutional climate trial, as extreme weather becomes more deadly and scientists warn the climate crisis is eroding our environment and natural resources. While Seeley’s ruling won’t prevent mining or burning fossil fuels in the state, it will reverse a recently passed state law that prohibits state agencies from considering planet-warming pollution when permitting fossil fuel projects. “Their same legal theory has been thrown out of federal court and courts in more than a dozen states. The federal climate case alleges the federal government’s activities allowing further fossil fuel development, including permitting and leasing for oil and gas drilling, is violating young people’s constitutional rights to life, liberty and property. Olson recently told CNN she hopes the state case will boost the Juliana case.
Persons: Kathy Seeley, Montana’s, ” Seeley, , Julia Olson, Montana didn’t, general’s, Emily Flower, Austin Knudsen, ” Flower, , Pat Parenteau, Olson, Biden, Daniel Farber, Juliana, it’s, ” Olson, ” Michael Gerrard, Gerrard, ” Farber Organizations: CNN, Trust, Montana, CNN Experts, Montana Supreme, Environmental, Vermont Law School, University of California, United, Children’s Trust, Biden administration’s Department of Justice, Court, Sabin, Climate, Columbia University Law School Locations: Montana, ” Montana, Hawaii, University of California Berkeley, United States
“This case has received national attention because it has been billed or perceived as a referendum on climate change generally,” he said. Attorneys for the state said during the trial that the youth had failed to target a specific policy upon which real relief could be granted. They said the primary policy targeted by the lawsuit, the Montana Environmental Policy Act, is a “procedural” law that does not mandate specific outcomes. The trial included testimony from the youth plaintiffs who claimed the state’s policies are contributing to extreme heat and drought, shrinking the state’s famed glaciers and worsening wildfires. The case is Held v. Montana, Montana First Judicial District Court, No.
Persons: Kathy Seeley, Nate Bellinger, Seeley, Michael Russell, hadn't, , Claire Vlases, Julia Olson, Roger Sullivan, Melissa Hornbein, Michael Russell of, Mark Stermitz, Crowley Fleck, Clark Mindock Organizations: U.S, Montana Department of, McGarvey, Western Environmental Law, Montana Department of Justice, Montana Youth, Thomson Locations: State, Montana, Helena, . Montana , Montana, Hawaii
A lawsuit brought against the state of Montana by a group of kids heads to trial on Monday. The outcome has the potential to set an important precedent in the fight against climate change. "We've seen repeatedly over the last few years what the Montana state Legislature is choosing," Gibson-Snyder said. He argued climate change could ultimately benefit Montana with longer growing seasons and the potential to produce more valuable crops. A ruling in favor of the Montana plaintiffs could have ripple effects, according to Philip Gregory, Our Children's Trust attorney.
Persons: Grace Gibson, Snyder, she's, We've, Gibson, Austin Knudsen, Kathy Seeley, Seeley, Jim Huffman, Huffman, Terry Anderson, Anderson, Philip Gregory, Gregory said, John Roberts, Julia Olson, Jonathan Adler, Adler, I've Organizations: Service, Republican, Gibson, Montana's Constitution, Montana Attorney, Lewis & Clark Law School, Trust, U.S, Supreme, Lawmakers, Case Western Reserve University, Yale University Locations: Montana, U.S, Missoula, Montana's, Pennsylvania, Massachusetts, New York, Portland , Oregon, Helena, Hawaii, Oregon, Montana and Oregon, Cleveland, New Haven , Connecticut
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