Judge rules in favor of Montana youths in landmark climate decision
Washington PostAug 02, 2023
The Facts
On Monday, a Montana state court judge ruled in the case of Held v. Montana, deciding that the state had violated the rights of 16 youth and young adults when a law was passed that prohibited agencies from taking climate change into account when approving new fossil fuel projects.
In reversing the law, state District Court Judge Kathy Seely ruled that the legislation violated the state constitution's clause guaranteeing a "clean and healthful environment."
The Spin
Left narrative
This win is dramatic, to say the least, as a common law basis for a right to a safe climate may be established in the US. Several states have a clean environment clause in their constitution, which are now open to climate-centered interpretation in light of this ruling. The American people may finally have legal recourse against environmental degradation and climate destruction. This is a huge win for the planet.
Right narrative
The reasoning was highly suspect in this ruling, with the state's assessment of this being a publicity stunt having only a kernel of truth to it. Montana's role in climate change is infinitesimally small, with the plaintiffs trying to get a remedy the court simply cannot provide. This reasoning will not withstand scrutiny nationwide, as it's legislatures, not the legal system, that establish environmental regulation.
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