Montana climate change lawsuit outcome largely in favour of young plaintiffs

Among other things, the court has struck down a provision in the Montana Environmental Policy Act that barred the state from considering climate impacts when permitting energy projects. (!) The articles here and here provide a good summary. They also provide the link to the Findings of Fact, Conclusions of Law, and Order document, which makes for a fascinating read (in very plain English) of the background findings and arguments of the case. This article does a good job of summarizing the ‘findings of fact’ and ‘conclusions of law’ of the ruling, including that:

• Climate change harms children and specifically the youth plaintiffs
• Climate change is already adversely affecting Montana’s natural environment
• Climate change is already harming the plaintiffs
• The defendants’ actions contribute to climate change and harm the plaintiffs

Reading the ruling document serves as a reminder that the legal process is a comprehensive one, and also that laws and regulations are power drivers of behaviour – and change.

This case is noteworthy because it is apparently the first youth-led and first constitutional climate case to go to trial in the United States. According to many, it has also become one of the strongest decisions on climate change issued by a court to this day. While we can expect the defendants to appeal the decision, one can only wonder exactly what rights they are fighting to keep.