The first-ever constitutional climate trial in the U.S. — the result of 16 youths suing the Montana government for promoting and supporting fossil fuels that dangerously warm up the planet — concluded June 23. A ruling was expected in several weeks. There are similar suits in all 50 states.
The Montana Constitution, amended in 1972, declares that “the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations,” and “all persons are born free and have certain inalienable rights,” including “the right to a clean and healthful environment.” These revisions were made at a constitutional convention to reduce the influence of the copper and coal industries, big players in Montana politics since the 1880s.
The plaintiffs argued Montana’s extensive support for fossil fuels is unconstitutional because the resulting pollution is dangerously heating the planet and has robbed them of a healthy environment.
Grace, one of the 16 youths behind Held v. State of Montana, stated, “Going to trial means a chance for me and my fellow plaintiffs to have our climate injuries recognized and a solution realized. It means our voices are actually being heard by the courts, the government, the people who serve to protect us as citizens, and Montana’s youth.”
Kian T., 18, described trying to play soccer outdoors in excessive heat. “I have had many, many soccer practices canceled for smoke and heat. Playing soccer on turf in the heat is miserable. Imagine your feet are boiling in your cleats, burning every single step you take on the field. It burns you out.”
“We’re really trying to bring the youth generation to the courts, and do so through a human rights lens,” said Julia Olson, founder of Our Children’s Trust, the lead attorney. Olson, along with her team, are also helping 21 young Americans challenge the constitutionality of federal government policies that promote fossil fuel production and consumption in the case of Juliana v. the United States. For eight years, the U.S. Department of Justice under the last three presidents have used legal maneuvers to keep the case from going to court. Recently a federal judge has ruled the lawsuit can proceed. The youth plaintiffs in the Montana case hope their suit will help set a precedent for this and other legal challenges to the fossil fuel industries.
While the Montana lawsuit is the first of its kind in U.S. history, it must not be the last. And because greenhouse gases don’t stop at state boundaries, litigation should not be limited to state energy policies. The U.S. government and governments worldwide need to fulfill their obligation to fundamental human rights by ending fossil fuel pollution.
Our children deserve credit and all the support we can give them for trying to hold governments accountable.
The information for this article is from a series of articles in the Climate Emergency News Section of Common Dreams at commondreams.org.
Cathy Talbott is a former telephone operator, a job lost to automation. She was a homeless mother of two and fights for welfare rights. A former co-host of a weekly community radio program out of Carbondale, IL, “Occupy the Airwaves,” Cathy is the Environmental Desk for the People’s Tribune.
