Righteous ruling for young plaintiffs. What sort of a world are we leaving to the youth of Florida, with the BLAISE INGOGLIAs and TRAVIS HUTSONS of the world writing our laws to favor them and their feculent friends? You tell me. From Florida Phoenix:
Montana Supreme Court affirms decision in Held, historic youth climate case
Limit on analysis of greenhouse gas emissions unconstitutional, court says in 6-1 opinion.
The Montana Supreme Court prepares to hear oral arguments in the Held v. Montana case on July 10, 2024. (Photo by Blair Miller/ Daily Montanan)
The Montana Supreme Court on Wednesday upheld a district court ruling in the nation’s first constitutional climate change trial, affirming that the youth plaintiffs have a “fundamental constitutional right to a clean and healthful environment” while revoking two Montana statutes.
The 70-page decision, authored by Chief Justice Mike McGrath, comes 16 months after Lewis and Clark District Court Judge Kathy Seeley ruled in the landmark Held v. Montana lawsuit, explicitly stating that the state’s greenhouse gas emissions are “proven to be a substantial factor in causing climate impacts to Montana’s environment, and harm and injury to the youth plaintiffs.” Seeley’s decision also rolled back two laws enacted by the 2023 legislature that changed the Montana Environmental Policy Act.
The state immediately appealed the decision to the Montana Supreme Court, which heard oral arguments in the appeal in July. The court found in a 6-to-1 decision that Montana’s constitutional guarantee of a “clean and healthful environment” includes a stable climate system, “which is clearly within the object and true principles of the Framers inclusion of the right.”
“Plaintiffs showed at trial — without dispute — that climate change is harming Montana’s environmental life support system now and with increasing severity for the foreseeable future,” the order states. “Plaintiffs showed that climate change does impact the clear, unpolluted air of the Bob Marshall wilderness; it does impact the availability of clear water and clear air in the Bull Mountains; and it does exacerbate the wildfire stench in Missoula, along with the rest of the State.”
The six-justice majority found the law which limited analysis of greenhouse gas emissions during environmental reviews violates the Montana Constitution’s “right to a clean and healthful environment,” and enjoined the state from acting on it.
Justice Jim Rice dissented.
Young plaintiffs
The lawsuit, the first of its kind to reach trial, was filed by 16 youth plaintiffs from across Montana who alleged the state violated their constitutional right to a clean and healthful environment by promoting the fossil fuel industry and exacerbating the effects of climate change.
“This ruling is a victory not just for us, but for every young person whose future is threatened by climate change. We have been heard, and today the Montana Supreme Court has affirmed that our rights to a safe and healthy climate cannot be ignored,” lead plaintiff Rikki Held said in a statement.
Our Children’s Trust and the Western Environmental Law Center, which represented the youth plaintiffs in the case, said in a news release they hope the ruling would be fully implemented, and if that does not happen, they would be prepared to take further legal action to ensure the state is complying.
“This ruling clarifies that the Constitution sets a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation on a per capita basis, and to transition to a clean, renewable energy future,” Western Environmental Law Center attorney Melissa Hornbein said in a statement.
Montana’s Republican Gov. Greg Gianforte said in a statement the state is reviewing the decision but that he believes it will lead to “perpetual lawsuits” that will “waste taxpayer dollars and drive up energy bills” for Montanans. He also accused the court, which interprets whether laws made by the Legislature are constitutional when they are challenged, of making policy outside of its purview.
“This Court continues to step outside of its lane to tread on the right of the Legislature, the elected representatives of the people, to make policy,” Gianforte said. “This decision does nothing more than declare open season on Montana’s all-of-the-above-approach to energy, which is key to providing affordable and reliable energy to homes, schools, and businesses across our state.”
This story first appeared in the Daily Montanan, a member with the Phoenix in the nonprofit States Newsroom.
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1 comment:
These hogs don't care what happens when they die. Life is just a game of hungry hungry hippos. Just acquire everything in sight and sit on the hill of whatever they can scoop up... and die on it. Apocalyptic beliefs and religious delusions replace scientific thinking about the environment.
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