Plaintiffs Mica, 14; Badge 15, Lander 18, and Taleah, 19, listen to arguments during a status hearing on May 12, 2023, in Helena, Mont., for a case that they and other Montana youth filed against the state arguing Montana officials are not meeting their constitutional obligations to protect residents from climate change. The first-of-its-kind trial begins Monday, June 12, 2023, before District Court Judge Kathy Seeley in Helena. It is scheduled to last for two weeks. HELENA, Mont.
The state court case centers on a government’s obligation to protect people against worsening climate change. Experts say it could set a legal precedent but aren’t likely to spur immediate policy changes in fossil fuel-friendly Montana. “It’s stressful,” Held said, her eyes welling with tears, when asked her feelings about climate change. “That’s my life, and my home is there and it impacts the wellbeing of myself, my family, my community.”Montana Assistant Attorney General Michael Russell said during opening arguments that the state had little control over global emissions. The harms alleged by Held and the other plaintiffs can’t be traced to specific actions by state officials, he said.
Judge Seeley has said she could rule that the state’s climate change exception in its environmental law is at odds with its constitution, but she can’t tell the legislature what to do to remedy the violation. Running described an increasingly dire situation of wildfires getting more severe and more frequent in western North America — causing health impacts across the nation — as heavy fossil fuel use continues to churn out emissions at levels problematic for the atmosphere.