The Montana Supreme Court has confirmed a lower court’s decision in a groundbreaking constitutional climate lawsuit filed by 16 young Montanans. The court’s 48-page opinion highlights that a “stable climate system” is integral to the “clean and healthful environment” guaranteed by the Montana Constitution. This case, led by Rikki Held and her co-plaintiffs, emphasized their “sufficient personal stake” in safeguarding this right.
Chief Justice Mike McGrath, writing for the five-justice majority, refuted Montana’s stance that climate policy is the domain of government policy-making branches, not the judiciary. Climate advocates celebrated this “critical victory,” while the Montana Department of Justice labeled the verdict as “disappointing, but not surprising.” Governor Greg Gianforte warned that the decision might trigger “perpetual litigation” affecting Montana’s comprehensive energy strategy.
In the seven-day trial with Judge Kathy Seeley, plaintiffs argued that state-sanctioned energy projects threaten their health and cultural practices by worsening wildfire seasons, shrinking snowpacks, and intensifying extreme weather. The Supreme Court dismissed arguments about Montana’s negligible climate impact globally, citing the intent behind the “strongest environmental protection provision” in any state constitution.
The court noted, “Plaintiffs showed at trial—without dispute—that climate change is harming Montana’s environmental life support system now.” The ruling rejected the notion that Montana could ignore its environmental duties because of global pollution trends. Mae Nan Ellingson, a key delegate in the 1972 constitutional convention, expressed her delight at the ruling’s outcome.
Attorney Roger Sullivan, representing the plaintiffs, said the decision removes obstacles for state agencies in reviewing environmental implications of fossil fuel projects. Livingston resident Eva Lighthiser, a plaintiff, hailed the ruling as validating their voices and setting a precedent for climate litigation.
Montana Environmental Information Center co-director Anne Hedges called the ruling a “critical victory” for future generations. Hedges criticized the climate-impact of fossil fuels, noting they drive up utility bills and contribute to Montana’s high energy costs. The Montana Department of Environmental Quality has revised its environmental review processes, positioning the agency to adapt to the ruling.
Republican lawmakers, including incoming Senate President Matt Regier and Speaker Brandon Ler, accused the court of overreaching into legislative roles, promising judicial reforms. Justice Dirk Sandefur, in a concurring opinion, acknowledged the plaintiffs’ standing while emphasizing the complexity of climate change as a global problem. Justice Jim Rice, in dissent, expressed concern about the judiciary overstepping its role.
Roger Sullivan suggested the ruling could influence other climate-related legal actions, especially due to its recognition of climate change’s health impact. Although few state constitutions offer similar environmental safeguards, the decision sets a significant precedent.
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