A Montana judge has sided with 16 young activists finding that the state violated their right to a “clean and healthful environment”, which the state constitution guarantees.
The plaintiffs, between ages five and 22, alleged the state’s pro-fossil fuel policies contributed to climate change.
Similar cases have been brought forward by other youths, but this was the first case to go to trial.
Mica Kantor is 15 years old and one of 16 young people who are suing the state of Montana. The lawsuit: the government are not addressing human-caused climate change. And have even passed measures favouring the fossil fuel industry.
In 2017, wildfires left Mica housebound for more than a month. The smoke damaged his lungs and he has to use an inhaler due to his breathing problems. He told the court that it’s increasingly difficult to run or go on hikes with his family. Summers are increasingly hot with the temperature sitting at 90 degrees for weeks. And the warmer conditions have shortened snowboarding seasons.
The case has an unusual hook. The state constitution lists the right to a “clean and healthful environment” as an inalienable right. Mica and other young challengers argue that Montana lawmakers have failed to fulfill that promise.
The big question: is it a constitutional right to a healthy, livable climate? It sets an important legal precedent.
This is the first youth-led climate case to make it to trial in the U.S. While this is depressing, it is inspiring to see so many young people willing to invest their time and energy into fighting for a better future.
This ruling will kickstart a wave of change.