A court in Montana ruled on Monday for the first time in a climate lawsuit advantage judged of a group of American youths. They accuse the state of violating their rights to a clean environment.
According to the judge, Montana violates the rights of the young people with policies that do not take the climate into account. Plaintiffs have a fundamental constitutional right to a clean and healthy environment.
The sixteen youths sued the state in 2020 because, they say, Montana’s permission to produce coal and natural gas exacerbated the climate crisis. According to the young people, they have been harmed by the “dangerous consequences of fossil fuels and the climate crisis”, to which children are “particularly vulnerable”.
Since 1972, the Constitution of Montana states that the state has an obligation to protect the environment. “The state will maintain and enhance a clean and healthy environment in Montana for current and future generations,” the law said.
The judge’s ruling cannot prevent the mining or burning of fossil fuels in the western US state. It does, however, overturn a recently passed state law that prohibits government agencies from factoring global warming pollution into permitting fossil fuel projects.
Read also: A court order to reduce emissions must be effective
Multiple lawsuits
The case, called Held v. Montana, was brought by youths ages 5 to 22 and was closely followed as similar lawsuits have been filed across the United States. The judge’s ruling could set an important precedent for the other cases.
According to Julia Olson, an attorney for Our Children’s Trust, which represents the youth group, the Montana ruling is “a game-changer that marks a turning point in this generation’s efforts to save the planet.” According to her, there will certainly be more such statements. “This is a huge victory for Montana, for the youth, for democracy and for our climate.”
The US state plans to appeal the ruling. Montana previously said that climate policy should not be determined by courts. According to the state, it cannot be proven that the climate crisis is caused by Montana’s emissions.
#Judge #Montana #rules #favor #young #people #time #climate #case