US Witnesses First Youth-Led Constitutional Climate Case in Helena

The first youth-led constitutional climate case in the United States, Held v State of Montana, is set to begin on Monday in Helena. Sixteen plaintiffs, aged between five and 22, have filed a lawsuit asserting that Montana’s reliance on fossil fuels for energy infringes upon their constitutional right to a clean and healthy environment. The trial, which is expected to conclude on June 23, represents a significant moment in climate litigation.

Michelle Bryan, a natural resources and environmental law professor at the University of Montana, highlighted the uniqueness of this case, as it is the first time youth plaintiffs and scientists will testify in court about climate injury and the government’s role in preventing it. Barbara Chillcott, an attorney from the Western Environmental Law Center involved in the case, indicated that the trial would feature young people sharing their experiences with climate change and expert testimony from climate scientists.

The plaintiffs aim to present fundamental facts about climate change and its impacts, particularly how it affects them. They will also discuss Montana’s contribution to the climate crisis and the feasibility of transitioning to renewable energy.

Should the plaintiffs succeed, this case could set a precedent in the United States for requiring governmental consideration of climate impacts in fossil fuel-related decisions. The responsibility to align state statutes with any judicial orders would fall to Montana’s legislative and executive branches. Similar outcomes could potentially occur in other states like New York and Pennsylvania, which have clauses about clean and healthful environments in their constitutions.

This trial follows unsuccessful attempts by Montana Attorney-General Austin Knudsen and the state’s Republican supermajority to prevent the case from going to court. Recent legislative changes in Montana, including the repeal of the state’s 30-year-old energy policy and amendments to the Montana Environmental Policy Act, are viewed by some as strategies to circumvent litigation.

The state’s actions have been criticized by some as attempts to further a political agenda, an accusation the plaintiffs’ representatives refute. Emily Flower, press secretary for Attorney-General Knudsen, described the lawsuit as a “meritless publicity stunt” aimed at political activism, a stance contradicted by the plaintiffs’ focus on non-monetary, policy-related outcomes.

As the trial progresses, it is set to address not only specific environmental concerns but also broader questions about the role of government in addressing climate change and the intersection of environmental policy and politics.

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