Montana’s landmark climate ruling: three key takeaways, 20 Aug 2023

In a groundbreaking legal decision, a Montana judge last week ruled in favor of young people who had accused state officials of violating their constitutional rights by promoting fossil fuels.

In a 103-page court order, Judge Kathy Seeley of the first judicial district court, affirmed the plaintiffs’ claim that a stable climate is included in a right to a “clean and healthful environment”, guaranteed in the state’s constitution...

The state of Montana says it will appeal, so it remains to be seen if the order will stand. But either way, experts say it changed the climate litigation landscape – though some caution that its direct effects will be limited...

Even before the judge’s verdict, the Held v Montana case made history when it became the first-ever constitutional climate case in US history to go to trial.

Soon, similar cases will probably have the same opportunity...

At the trial, the defense didn’t exhibit much knowledge of the climate crisis...

The state did not, however, attempt to argue that climate change is not real or human-caused – something some observers expected them to do. It’s a sign of how little cachet climate denial has in the courts, said Michael Gerrard, the founder of Columbia’s Sabin Center...

That’s not a new trend. Defendants in another set of climate cases, in which municipalities are suing oil companies over their alleged misinformation campaign to cover up the dangers of using their products, aren’t relying on climate denial, either...

In fact, he said, only one US lawsuit in recent history, wherein two anti-clean energy groups sued the EPA, even attempted to make use of climate-denying arguments, and a US court threw that suit out last month...

Supporters say the reverberations of the ruling could extend far beyond Montana, spurring more positive outcomes for existing climate cases and inspire additional lawsuits, especially in the handful of other US states which also guarantee constitutional rights to a clean environment...

[Attorney Nick Caleb] said the ruling was still an exciting victory, but warned that the courts won’t solve climate crisis alone...