Judge Rules in favor of Kids

in Montana lawsuit to stop law that says that climate change cannot be considered when evaluating state business.

Court sides with kids who sued Montana over climate change | The Hill

In a new ruling Monday, District Judge Kathy Seeley ruled in their favor — and against a Montana state law that prohibited the consideration of climate impacts in the process for approving energy projects. “By prohibiting analysis of GHG emissions and corresponding impacts to the climate…the [Montana Environmental Policy Act] Limitation violates Youth Plaintiffs’ right to a clean and healthful environment and is unconstitutional on its face,” Seeley wrote.

The case follows other similar cases around the country about children’s rights to protection from climate change that failed to gain traction in the court system, including one that made such claims at the national level but was thrown out a few years ago.

However, the Montana case invoked a provision in the state’s constitution that establishes a right to a “a clean and healthful environment” — which the judge appeared to reference in her decision.

In a written statement, Julia Olson, chief legal counsel of Our Children’s Trust, which represented the youths, hailed the decision as a “turning point.” “Today, for the first time in U.S. history, a court ruled on the merits of a case that the government violated the constitutional rights of children through laws and actions that promote fossil fuels, ignore climate change, and disproportionately imperil young people,” Olson said.

 

if it is upheld.