Young activists win climate change lawsuit

Young people beat state on climate - 4th September 2023

16 young climate activists have taken their home state Montana to court over climate change, and they've won. The historic decision was the first climate change case of its kind to reach the trial stage in the US. It was also the first ever to come out on top against the state.

The young plaintiffs, between 5 and 22 years old, argued that fossil fuel policies forced them to grow up in an unhealthy environment and that this went against the state's own constitution.

Although Montana's constitution, written in the 1970s, doesn't refer directly to climate change, it declares that the state assures "a clean and healthful environment" for "present and future generations".

Extreme droughts and wildfires due to lack of rain, as well as flooding, have all hit Montana in the last two decades. Activist Grace Gibson-Snyder recalled once playing soccer when smoke from wildfires was "so dense" that the team players with asthma "could not play at all."

In her decision, Judge Seeley said she'd been convinced that the young activists were "harmed by fossil fuel pollution and climate impacts".

Their opponents were in favour of the state's powerful coal industry, with its thousands of workers employed directly and indirectly in the sector. Montana is the US's fourth greatest producer of coal and is the state with the largest reserves. Yet despite coal's significance, other options are available for investment, such as wind turbine construction and maintenance, if it were supported by the government. In addition, Montana's huge outdoor recreation industry's worth $7.1 billion.

Before Judge Seeley's decision, the government wasn't permitted to consider climate change when making decisions about energy. However, now this policy must be amended.

It's possible that this victory may be the first of many. In the coming months, similar trials will get underway in the states of Utah, Hawaii and Alaska, and countries including Pakistan and Australia.