The state court of Montana (USA) agreed on Monday with a group of young people who sued the government of their state for violating their right to a “clean and healthy environment” by promoting the use of fossil fuels”.
The court determined that one of the provisions of the Montana Environmental Policy Act is unconstitutional because it prevents the state from considering the climate impacts of energy projects.
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This ruling, the result of the first constitutional lawsuit in the United States over the climate crisis, could have an impact on other lawsuits that have promoted groups defending the environment in different parts of the country.
The case was brought by
a group of 16 young people, ages five to 22, who argued that Montana’s energy policies contradict the state Constitution,
that guarantees the right to a “clean and healthy” environment.
The lawsuit was filed in March 2020 by the young people, represented by the organization “Our Children’s Trust”, which helps young people to defend their climate rights.
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Former President of the United States, Donald Trump).
Although the case deals specifically with Montana politics, its outcome could set the course for other similar lawsuits directed against the national government, according to the specialized medium Nature.
In 2021, a state study cited by Nature found
that the rate at which temperatures rise in Montana is higher than the US average.
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The territory has had to face droughts, fires and floods related to climate change, that the plaintiffs attribute to the environmental and energy policies of state legislators.
Montana has the largest recoverable coal reserves in the country, according to Time magazine, and its governor, Republican Greg Gianforte, recently signed into law a law that prevents state environmental regulators from considering polluting emissions when assessing new energy projects.
EFE
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