Montana youth climate ruling could set precedent for future climate litigation

Rikki Held, 22, arrives for the United States’ first youth climate-change trial at Montana’s 1st Judicial District Court in Helena, Mont., on June 12. She was one of 16 young plaintiffs, ages 5 to 22, who sued the state for promoting fossil fuel energy policies that they say violate their constitutional right to a “clean and healthful environment.”

William Campbell/Getty Images

A Montana judge’s historic ruling in a climate lawsuit brought by 16 young plaintiffs could have implications for future climate litigation, legal experts say.

The trial and ruling, which came during a summer rife with crippling heat waves and other climate change-fueled disasters, was a rare win for climate activists seeking support in court.

It marked the first time a U.S. court has ruled that “young people have a fundamental right to a climate system that is safe and stable for their lives,” said Julia Olson, chief legal counsel and executive director of Our Children’s Trust. The nonprofit law firm represented the youth in the first-of-its-kind trial.

The case centered on a part of Montana’s Constitution that guarantees the state’s residents — current and future — “the right to a clean and healthful environment.”

The plaintiffs — ages 5 to 22 — argued that Montana was violating that constitutional requirement by aggressively pursuing fossil fuel development without considering the future impacts to the state and the world’s climate. State laws passed in 2011 and updated this year by the state’s Republican-majority legislature prevented Montana agencies from considering climate impacts when permitting energy projects like coal and natural gas.

First District Judge Kathy Seeley rejected the state’s argument that its…