Beginning in 2020, we represented 16 young people in a challenge to the state of Montana\u2019s fossil fuel permitting practices that threaten the state\u2019s atmosphere, forests, rivers, lakes, fish, and wildlife. Elected officials\u2019 climate denial and fealty to the fossil fuel industry have harmed these young people\u2019s way of life and constitutional rights to pursue liberty and happiness through the enjoyment of a clean and healthful environment. We took on this case to hold Montana\u2019s government accountable and defend these youths\u2019 constitutional rights.<\/span>\u00a0<\/span><\/p>\n Alongside our partners at Our Children\u2019s Trust and McGarvey Law, in 2023, we brought our clients\u2019 powerful stories and climate science into the courtroom in the first ever U.S. climate trial in history.<\/span>\u00a0<\/span><\/p>\n The youth plaintiffs ranged in age from 2-18 when we first filed the lawsuit. They represent unique landscapes and geographies from across the state of Montana and its Tribal lands. During this landmark trial, the youth plaintiffs bravely testified about how climate change has harmed their health, livelihoods, cultural practices, psychological well-being, and the state they call home. World-renowned climate experts testified that Montana\u2019s promotion of fossil fuels and suppression of renewable energy development have aggravated drought, fueled megafires, and depleted natural resources.<\/span>\u00a0<\/span><\/p>\n We were ecstatic when the court ruled in the youth plaintiffs\u2019 favor in 2023, recognizing that the right to a clean and healthful environment is meaningless without a livable climate. One expert called this \u201cthe strongest decision on climate change ever issued by any court.\u201d Ever defiant, the state appealed our landmark decision to the Montana Supreme Court.<\/span>\u00a0<\/span><\/p>\n We are proud to report that the highest court in Montana affirmed our victory<\/a>, upholding the youth plaintiffs\u2019 rights to a clean and healthful environment, including a livable climate. This win is a decisive rejection of the state of Montana\u2019s recalcitrant promotion of climate-harming fossil fuel development while stifling renewable energy. <\/span>\u00a0<\/span>\u00a0<\/span><\/p>\n We prevailed for a simple reason: We proved these youth clients have suffered financial loss, health challenges, and mental duress that the Montana Constitution obliged the state to avoid and minimize. Further, we proved those harms will only worsen if the state continues to pursue its reckless fossil-first energy policy. Now, we have set our sights on using the power of the law to defend every Montanan\u2019s right to a livable climate.<\/span>\u00a0<\/span><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ custom_padding_last_edited=”on|tablet” admin_label=”Section” _builder_version=”4.16″ background_color=”#f1f3f2″ custom_padding=”30px||30px|” custom_padding_tablet=”30px||40px|” custom_padding_phone=”” transparent_background=”off” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” global_colors_info=”{}”][et_pb_row column_structure=”1_3,1_3,1_3″ column_padding_mobile=”on” custom_padding_last_edited=”on|phone” admin_label=”Row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px||0px|” custom_padding_tablet=”” custom_padding_phone=”” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” global_colors_info=”{}”][et_pb_column type=”1_3″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Partners” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” use_border_color=”off” border_color=”#ffffff” border_style=”solid” global_colors_info=”{}”]<\/p>\n [\/et_pb_text][\/et_pb_column][et_pb_column type=”1_3″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Related Documents” _builder_version=”4.22.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ use_border_color=”off” border_color=”#ffffff” border_style=”solid” global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n [\/et_pb_text][\/et_pb_column][et_pb_column type=”1_3″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Staff” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” use_border_color=”off” border_color=”#ffffff” border_style=”solid” global_colors_info=”{}”]<\/p>\n Barbara Chillcott: Bio<\/a> | Docket<\/a><\/p>\n Melissa Hornbein: Bio<\/a> | Docket<\/a> [\/et_pb_text][et_pb_blog posts_number=”5″ include_categories=”139″ show_thumbnail=”off” show_author=”off” show_date=”off” show_categories=”off” admin_label=”Latest 5 Posts” _builder_version=”4.16″ use_border_color=”off” border_color=”#ffffff” border_style=”solid” use_dropshadow=”off” global_colors_info=”{}”][\/et_pb_blog][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ disabled_on=”off|off|off” admin_label=”section” _builder_version=”4.16″ collapsed=”off” global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.17.1″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n Photos by Robin Loznak; courtesy of Our Children\u2019s Trust<\/em><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ disabled_on=”on|on|on” admin_label=”section” _builder_version=”4.16″ disabled=”on” collapsed=”on” global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n 2013.07.23 Coal Train ED_WA Complaint Final.pdf<\/a><\/p>\n ED.Order on MTD.pdf<\/a><\/p>\n 60 Day Notice Letter.pdf<\/a><\/p>\n 2013.6.4 Complaint_final.pdf<\/a><\/p>\n 100_158_CoalDust_FactSht_04_X1A__2_.pdf<\/a><\/p>\n<\/div>\n WELC and its partners have filed two lawsuits against Burlington Northern Santa Fe Railway Company (BNSF) and several coal companies for violations of the federal Clean Water Act pertaining to the companies\u2019 emission of coal into waterways in several locations across Washington.<\/p>\n These companies use open-top rail cars, which lose huge volumes of coal dust during transportation \u2013 an average of 500 pounds of coal per rail car per train trip. Each train is composed of 120 cars or more, which adds up to 30 tons of lost coal per train. Investigations undertaken by our clients have turned up coal chunks and particles from rail cars in Washington\u2019s waters.<\/p>\n Approximately 90% of BNSF’s annual coal shipments are from coal mines in the Powder River Basin (PRB) located in Wyoming and Montana. PRB coal breaks apart easily and contains mercury, arsenic, uranium, and hundreds of other toxins harmful to fish and human health. Additionally, PRB coal dust falls onto train tracks, contributing to track destabilization and dangerous train derailments.<\/p>\n On June 5, 2013,\u00a0WELC attorney Andrea Rodgers and partners filed the suit in U.S. District Court for the Western District of Washington in Seattle, where coal dust has been identified in and along multiple waterways including the Pugent Sound. On July 24, 2013, we filed another lawsuit in\u00a0U.S. District Court for the Eastern District of Washington in Spokane, where coal dust has been identified in and along multiple waterways including the Spokane and Columbia Rivers.<\/p>\n Under the Clean Water Act, anyone discharging pollutants into U.S. waters must first obtain what is known as a National Pollutant Discharge Elimination System (NPDES) permit. BNSF does not have such a permit.<\/p>\n Our partners in these lawsuits are the Sierra Club, Puget Soundkeeper, Columbia Riverkeeper, RE Sources for Sustainable Communities, and Friends of the Columbia Gorge. NRDC and Spokane Riverkeeper joined the lawsuit filed in Eastern Washington.<\/p>\n In addition to WELC, the plaintiffs are represented by the Law Offices of Charles M. Tebbutt, P.C. of Eugene, OR; Jessica Yarnall Loarie of the Sierra Club Law Program; and David Pettit and Morgan Wyenn of the Natural Resources Defense Council.<\/p>\n Updates:<\/p>\n 1.02.14: A federal judge in Spokane, Washington denies BNSF’s motion to dismiss our lawsuit aimed at holding them accountable for toxic coal dust that is released from uncovered coal cars polluting Washington’s waterways in violation of the Clean Water Act.<\/p>\n 3.12.14: Victory! A second federal judge – this one in Seattle, Washington – denied BNSF’s motion to dismiss our lawsuit aimed at holding them accountable for toxic coal dust that is released from uncovered coal cars polluting Washington’s waterways in violation of the Clean Water Act. In January, another federal judge denied BNSF’s attempt to thrown out a similar lawsuit that we filed in Spokane, Washington.<\/p>\n (WELC project #705)<\/em><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ disabled_on=”on|on|on” admin_label=”section” _builder_version=”4.16″ disabled=”on” collapsed=”on” global_colors_info=”{}”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Text” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}”]<\/p>\n 2016.04.06-WA ATL Motion for Relief.pdf<\/a><\/p>\n 2014.10.06-Ecology Answer.pdf<\/a><\/p>\n 2015.11.19-Order Affirming_Foster et al. v. Ecology.pdf<\/a><\/p>\n 2015.03.14-ATL.Opening Brief.pdf<\/a><\/p>\n 2015.05.15-Foster v. Department of Ecology, Hearing Transcript.pdf<\/a><\/p>\n 2016.04.29-WA ATL Final Decision Bench Ruling Transcript.pdf<\/a><\/p>\n 2016.05.16.WA ATL Final Order.pdf<\/a><\/p>\n 2016.11.22- WA ATL Hearing to Show Cause Transcript.pdf<\/a><\/p>\n 2015.08.07-Ecology Second Denial.pdf<\/a><\/p>\n 2014.08.14- WA ATL Ecology Petition Denial.pdf<\/a><\/p>\n 2016.11.18-Ecology Response to Show Cause.pdf<\/a><\/p>\n 2014.06.17-WA ATL Petition.pdf<\/a><\/p>\n 2015.08.28-ATL.Response.Show_Cause.pdf<\/a><\/p>\n 2016.11.22-Show Cause Reply Brief.pdf<\/a><\/p>\n Ltr.Gov Inslee.WELC_.pdf<\/a><\/p>\n 2016.10.16- WA ATL Show Cause Order.pdf<\/a><\/p>\n 2016.12.19-Hearing to Show Cause Order.pdf<\/a><\/p>\n 2016.10.28-WA Youth Climate Mtn.Show Cause Order.Final_.pdf<\/a><\/p>\n 2016.07.22-WA Clean Air Rule Comments.pdf<\/a><\/p>\n 2015.06.23-Order_Foster v. Ecology.pdf<\/a><\/p>\n<\/div>\n In 2014, on behalf of several youth climate activists and working in collaboration with Plant for the Planet, Climate Change for Families and Our Children\u2019s Trust, WELC filed a petition for rulemaking with the Washington Department of Ecology. In the petition, the youths argued that under existing law, the Department of Ecology has a mandatory statutory obligation to regulate carbon dioxide emissions and to put the state on a path towards climate stability by the end of the century. The public\u2019s inherent and inalienable rights to protected natural resources, including tidelands, shorelands, shellfish, state waters, and the atmosphere, are directly implicated and impacted by the Department of Ecology\u2019s failure to implement its legal authority to regulate carbon dioxide. To protect the youth petitioners\u2019 fundamental and constitutional rights, the Department of Ecology must adopt carbon dioxide emission reductions and make equivalent recommendations to the legislature based upon public input and the best available climate science.<\/p>\n In August 2014, the Department of Ecology denied the petition for rulemaking, claiming that it was already taking steps to address climate change, even though its own experts, and others, have stated publicly that the state is currently not on track to meet the modest greenhouse gas emission reductions enacted by the legislature, let alone to put the state on a path towards climate stability. Because the Department of Ecology\u2019s decision to deny the petition does not comply with the law, we have appealed the denial to King County Superior Court. The Department of Ecology has admitted to the scientific allegations contained in the petition for rulemaking, recognized that it has the legal authority to regulate carbon dioxide emissions, but continues to argue that it has no mandatory duty to act.\u00a0 Oral argument was held in the case before the Honorable Hollis Hill on May 15.<\/p>\n The court remanded the Department of Ecology’s decision denying our petition for rule making with instructions to consider a December 2014 report that makes it clear that immediate action is needed to draw down carbon dioxide emissions to stem the tide of climate change. That means the Department of Ecology is presented with a choice: Either face the music and write a rule that protects the atmosphere, or ignore the science and be held accountable in court.<\/p>\n UPDATE: <\/strong>Late on November 19, the night before Universal Childrens’ Day, King County Superior Court Judge Hollis R. Hill issued a groundbreaking ruling in the unprecedented case of eight youth petitioners who requested that the Washington Department of Ecology write a carbon emissions rule that protects the atmosphere for their generation and those to come.<\/span><\/p>\n In a landmark decision, Judge Hill declared \u201c[the youths\u2019] very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming\u2026before doing so becomes first too costly and then too late.\u201d Highlighting inextricable relationships between navigable waters and the atmosphere, and finding that separating the two is \u201cnonsensical,\u201d the judge found the public trust doctrine mandates that the state act through its designated agency \u201cto protect what it holds in trust.\u201d<\/p>\n The court confirmed what the Washington youths and youths across the nation have been arguing in courts of law, that \u201c[t]he state has a constitutional obligation to protect the public\u2019s interest in natural resources held in trust for the common benefit of the people.\u201d<\/p>\n Update: VICTORY!!!<\/strong> After Ecology withdrew its proposed rule, we went back to court to argue for a court order. Judge Hill agreed with our case so fervently she issued a surprise ruling from the bench<\/a> ordering Ecology to write a climate rule before the end of the year, and to report to the Washington legislature on the issue in the next session (news release here<\/a>). Now, Gov. Inslee must do the right thing and use the best available science to write a strong rule that protects our climate — officially ruled a public trust resource — for the sake of the youth petitioners and their peers. Please sign our petition to Gov. Inslee<\/a> telling him to rely on the best available science for the forthcoming rule.<\/p>\n Update:<\/strong> In December, <\/span><\/span>Judge Hollis Hill\u00a0ruled<\/a>\u00a0that the case can again move forward, now with a constitutional climate rights claim that adds the state of Washington and Gov. Jay Inslee as defendants. We’ll update this page as the case progresses.<\/p>\n (WELC project #706)<\/em><\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Representing Montana youths in a fight for their future Montana is one of only a handful of states that recognizes a constitutional right to a clean and healthy environment, including a stable climate. For decades, the state of Montana has promoted, incentivized, and deregulated the fossil fuel industry, knowingly worsening climate change.\u00a0 Beginning in 2020, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" 2016.04.06-WA ATL Motion for Relief.pdf<\/a><\/p> 2014.10.06-Ecology Answer.pdf<\/a><\/p> 2015.11.19-Order Affirming_Foster et al. v. Ecology.pdf<\/a><\/p> 2015.03.14-ATL.Opening Brief.pdf<\/a><\/p> 2015.05.15-Foster v. Department of Ecology, Hearing Transcript.pdf<\/a><\/p> 2016.04.29-WA ATL Final Decision Bench Ruling Transcript.pdf<\/a><\/p> 2016.05.16.WA ATL Final Order.pdf<\/a><\/p> 2016.11.22- WA ATL Hearing to Show Cause Transcript.pdf<\/a><\/p> 2015.08.07-Ecology Second Denial.pdf<\/a><\/p> 2014.08.14- WA ATL Ecology Petition Denial.pdf<\/a><\/p> 2016.11.18-Ecology Response to Show Cause.pdf<\/a><\/p> 2014.06.17-WA ATL Petition.pdf<\/a><\/p> 2015.08.28-ATL.Response.Show_Cause.pdf<\/a><\/p> 2016.11.22-Show Cause Reply Brief.pdf<\/a><\/p> Ltr.Gov Inslee.WELC_.pdf<\/a><\/p> 2016.10.16- WA ATL Show Cause Order.pdf<\/a><\/p> 2016.12.19-Hearing to Show Cause Order.pdf<\/a><\/p> 2016.10.28-WA Youth Climate Mtn.Show Cause Order.Final_.pdf<\/a><\/p> 2016.07.22-WA Clean Air Rule Comments.pdf<\/a><\/p> 2015.06.23-Order_Foster v. Ecology.pdf<\/a><\/p><\/div> In 2014, on behalf of several youth climate activists and working in collaboration with Plant for the Planet, Climate Change for Families and Our Children\u2019s Trust, WELC filed a petition for rulemaking with the Washington Department of Ecology. In the petition, the youths argued that under existing law, the Department of Ecology has a mandatory statutory obligation to regulate carbon dioxide emissions and to put the state on a path towards climate stability by the end of the century. The public\u2019s inherent and inalienable rights to protected natural resources, including tidelands, shorelands, shellfish, state waters, and the atmosphere, are directly implicated and impacted by the Department of Ecology\u2019s failure to implement its legal authority to regulate carbon dioxide. To protect the youth petitioners\u2019 fundamental and constitutional rights, the Department of Ecology must adopt carbon dioxide emission reductions and make equivalent recommendations to the legislature based upon public input and the best available climate science.<\/p> In August 2014, the Department of Ecology denied the petition for rulemaking, claiming that it was already taking steps to address climate change, even though its own experts, and others, have stated publicly that the state is currently not on track to meet the modest greenhouse gas emission reductions enacted by the legislature, let alone to put the state on a path towards climate stability. Because the Department of Ecology\u2019s decision to deny the petition does not comply with the law, we have appealed the denial to King County Superior Court. The Department of Ecology has admitted to the scientific allegations contained in the petition for rulemaking, recognized that it has the legal authority to regulate carbon dioxide emissions, but continues to argue that it has no mandatory duty to act.\u00a0 Oral argument was held in the case before the Honorable Hollis Hill on May 15.<\/p> The court remanded the Department of Ecology's decision denying our petition for rule making with instructions to consider a December 2014 report that makes it clear that immediate action is needed to draw down carbon dioxide emissions to stem the tide of climate change. That means the Department of Ecology is presented with a choice: Either face the music and write a rule that protects the atmosphere, or ignore the science and be held accountable in court.<\/p> UPDATE: <\/strong>Late on November 19, the night before Universal Childrens' Day, King County Superior Court Judge Hollis R. Hill issued a groundbreaking ruling in the unprecedented case of eight youth petitioners who requested that the Washington Department of Ecology write a carbon emissions rule that protects the atmosphere for their generation and those to come.<\/span><\/p> In a landmark decision, Judge Hill declared \u201c[the youths\u2019] very survival depends upon the will of their elders to act now, decisively and unequivocally, to stem the tide of global warming\u2026before doing so becomes first too costly and then too late.\u201d Highlighting inextricable relationships between navigable waters and the atmosphere, and finding that separating the two is \u201cnonsensical,\u201d the judge found the public trust doctrine mandates that the state act through its designated agency \u201cto protect what it holds in trust.\u201d<\/p> The court confirmed what the Washington youths and youths across the nation have been arguing in courts of law, that \u201c[t]he state has a constitutional obligation to protect the public\u2019s interest in natural resources held in trust for the common benefit of the people.\u201d<\/p> Update: VICTORY!!!<\/strong> After Ecology withdrew its proposed rule, we went back to court to argue for a court order. Judge Hill agreed with our case so fervently she issued a surprise ruling from the bench<\/a> ordering Ecology to write a climate rule before the end of the year, and to report to the Washington legislature on the issue in the next session (news release here<\/a>). Now, Gov. Inslee must do the right thing and use the best available science to write a strong rule that protects our climate -- officially ruled a public trust resource -- for the sake of the youth petitioners and their peers. Please sign our petition to Gov. Inslee<\/a> telling him to rely on the best available science for the forthcoming rule.<\/p>![\"16](\"https:\/\/westernlaw.org\/wp-content\/uploads\/2023\/04\/MT-ATL-OCT-Case-Page-Image-1024x338.jpg\")
<\/p>\nPartners<\/h3>\n
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\n[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=”1″ custom_padding_last_edited=”on|desktop” disabled_on=”on|on|on” admin_label=”Section” _builder_version=”4.16″ custom_padding_tablet=”30px||40px|” custom_padding_phone=”” transparent_background=”off” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” disabled=”on” collapsed=”off” global_colors_info=”{}”][et_pb_row custom_padding_last_edited=”on|phone” admin_label=”Row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” custom_padding=”0px||0px|” custom_padding_tablet=”” custom_padding_phone=”” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Project Updates” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” use_border_color=”off” border_color=”#ffffff” border_style=”solid” global_colors_info=”{}”]<\/p>\nProject Updates<\/h2>\n
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