In the first decision of its kind nationwide, the Montana state court decided today, Monday for young people who claimed that the state violated their right to a "clean and healthy environment" by promoting the use of fossil fuels.
The court ruled that a provision of the Montana Environmental Policy Act has harmed the state's environment and the young plaintiffs. That provision prevents the state of Montana from considering the climate impacts of energy projects and is therefore unconstitutional, the court said.
That victory, experts say, could energize the environmental movement and reshape climate battles across the country, ushering in a wave of upcoming lawsuits targeting climate change.
"People all over the world are watching this case," said Michael Gerrard, founder of Columbia's Sabin Center for Climate Change Law.
The decision represents a rare victory for climate activists who have tried to use the courts to push back against government policies and industrial activities that harm the planet.
That case involved 16 young Montanans, ages 5 to 22, who brought the nation's first constitutional lawsuit against climate change.
Although the cumulative number of climate lawsuits around the world has more than doubled in the past five years, lawsuits by young people in the United States face very uphill battles.
Already, at least 14 of those cases have been dismissed, according to a July report by the United Nations Environment Program and the Sabin Center.
The report said about three-quarters of the roughly 2.200 ongoing or closed cases were filed in courts in the United States. Experts said Montana's youth had an advantage in the state constitution, which guarantees the right to a "clean and healthy environment."
Coal is critical to the state's economy, and Montana is home to the largest coal reserves in the country. The plaintiff's attorneys said the state has never denied a permit to extract fossil fuels.
