In a historic ruling today, the Montana Supreme Court affirmed 6-1 the decision of the district court in the landmark case, Held v. State of Montana, siding with the 16 youth plaintiffs who had sued the state over its promotion of fossil fuel extraction and its failure to consider climate change impacts in its decision-making. This ruling, the first of its kind from a state supreme court, affirms the district court’s ruling that the state’s acts in perpetuating a fossil fuel energy system with blind eyes violated the youth plaintiffs’ fundamental constitutional rights to a clean and healthful environment, dignity, and safety, reinforcing the growing legal momentum behind youth-led climate justice movements.
District Court Judge Kathy Seeley’s August 2023 decision, upheld today, made Held v. State of Montana the first youth-led constitutional climate lawsuit in U.S. history to go to trial and secure a victory. In her ruling, Judge Seeley stated: “Each additional ton of greenhouse gases emitted into the atmosphere exacerbates impacts to the climate. Plaintiffs’ injuries will grow increasingly severe and irreversible without science-based actions to address climate change.” Judge Seeley also ruled that the fundamental right to a clean and healthful environment enshrined in Montana’s Constitution incorporates the climate system and that Montana’s environment is unconstitutionally degraded due to the current level of greenhouse gases concentrations and climate impacts.
The Montana Supreme Court today upheld these findings, ruling that state laws prohibiting the consideration of greenhouse gas emissions or climate impacts during fossil fuel permitting decisions and laws preventing constitutional remedies in court were unconstitutional. Today’s ruling requires the state to ensure it considers the environmental and public health consequences, and significantly the harm to children, of each proposed fossil fuel project, marking a turning point in Montana’s energy policy.
“With the ruling now in place, the Montana Supreme Court’s decision compels the state to carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits,” said Melissa Hornbein, senior attorney with the Western Environmental Law Center and attorney for the plaintiffs. “Specifically, Montana’s regulatory agencies must now evaluate the potential harm to the environment and the health and safety of the state’s children from any new fossil fuel projects, and determine whether the project can be justified in light of the ongoing unconstitutional degradation of Montana’s environment, natural resources, and climate. This ruling clarifies that the Constitution sets a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation on a per capita basis, and to transition to a clean, renewable energy future.”
“This is a monumental moment for Montana, our youth, and the future of our planet,” said Nate Bellinger, lead counsel to the plaintiffs. “Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests. This is a victory for young people and for generations to come. The court said loud and clear: Montana’s Constitution does not grant the state a free pass to ignore climate change because others fail to act–this landmark decision underscores the state’s affirmative duty to lead by example.”
The ruling comes after extensive testimony from the youth plaintiffs, who shared personal stories of how climate change is already affecting their health, income, and heritage—via extreme summer heat, smoke-filled skies, major floods, the disruption of Native cultural practices tied to seasonal cycles, and more. As Judge Seeley noted in her decision, the plaintiffs are “disproportionately harmed by fossil fuel pollution and climate impacts,” and the state’s failure to consider these impacts when permitting fossil fuel projects was a violation of their constitutional rights.
Rikki Held, named plaintiff in the case, expressed her deep gratitude for the high court’s decision: “This ruling is a victory not just for us, but for every young person whose future is threatened by climate change. We have been heard, and today the Montana Supreme Court has affirmed that our rights to a safe and healthy climate cannot be ignored.”
As the district court found and the Montana Supreme Court has now affirmed, atmospheric greenhouse gasses are already infringing on Montanans’ constitutional rights to a clean and healthful environment. Every additional ton of carbon dioxide exacerbates climate impacts, leading to more severe and irreversible harms. The state must now take responsibility for the long-term health of its people and its natural resources, including its rivers, lakes, glaciers, and wildlife. The ruling makes clear that continuing to promote fossil fuel projects at the expense of the fundamental rights of current and future generations is no longer permissible.
The Court wrote: “We reject the argument that the delegates—intending the strongest, all-encompassing environmental protections in the nation, both anticipatory and preventative, for present and future generations—would grant the State a free pass to pollute the Montana environment just because the rest of the world insisted on doing so. The District Court’s conclusion of law is affirmed: Montana’s right to a clean and healthful environment and environmental life support system includes a stable climate system, which is clearly within the object and true principles of the Framers inclusion of the right to a clean and healthful environment.” (Opinion at ¶ 30)
The Court also wrote: “The State repeatedly tries to redirect our focus to global climate change and the staggering magnitude of the issue confronting the world in addressing it. The State argues that it should not have to address its affirmative duty to a clean and healthful environment because even if Montana addresses its contribution to climate change, it will still be a problem if the rest of the world has not reduced its emissions. This is akin to the old ad populum fallacy: ‘If everyone else jumped off a bridge, would you do it too?’ . . . Plaintiffs may enforce their constitutional right to a clean and healthful environment against the State, which owes them that affirmative duty, without requiring everyone else to stop jumping off bridges or adding fuel to the fire. . . . Otherwise, the right to a clean and healthful environment is meaningless.” (Opinion at ¶ 49)
“This ruling is not just a win for Montana—it’s a signal to the world that youth-led climate action is powerful and effective,” said plaintiff Kian. “We hope this decision inspires others across the country and beyond to stand up for their rights to a livable climate. Just as the youth plaintiffs in Navahine v. Hawaii Department of Transportation secured historic climate justice through a settlement this past June, the eyes of the world are now on us, seeing how youth-driven legal action can create real change.”
Moving forward, the plaintiffs and their legal team are committed to ensuring the full implementation of the ruling. If necessary, they are prepared to take further legal action to ensure compliance. However, given the economic and environmental opportunities that come with transitioning to renewable energy, they are hopeful that such actions will not be necessary.
“This is a time for Montana to embrace the future—clean energy offers economic benefits and new jobs,” said plaintiff Georgi. “We look forward to working with the state to implement this transition and ensure that Montana leads the way in tackling the climate crisis.”
The plaintiffs were elated by the ruling and expressed their gratitude to everyone who helped make their win possible.
“This will forever be in the court record, despite any continued rhetoric of denial coming from people in power in the state. The facts will remain. I am thrilled that the Montana Supreme Court has sided with Montana citizens to protect the people and the places we love,” said plaintiff Grace
“This ruling is a reigniting of hope and this is a call to action for all Montanans. This is a monumental win today. Montana really is going to be held accountable for its unconstitutional actions,” said plaintiff Olivia
Montana now stands at a crossroads: it can continue to support fossil fuel extraction, transportation, and combustion with all the environmental, human health, and climate risks that entails, or it can rise to the challenge of creating a clean energy future. This ruling forces the state to begin that transition, aligning Montana’s policies with its constitutional obligation to conserve and maintain a clean and healthful environment in Montana for present and future generations.
Contacts:
Melissa Hornbein, Western Environmental Law Center, gro.w1734551667alnre1734551667tsew@1734551667niebn1734551667roh1734551667, 406.708.3058
Helen Britto, Our Children’s Trust, gro.t1734551667surts1734551667nerdl1734551667ihcru1734551667o@nel1734551667eh1734551667, 925.588.1171
Nate Bellinger, Our Children’s Trust, lead counsel, gro.t1734551667surts1734551667nerdl1734551667ihcru1734551667o@eta1734551667n1734551667, 413.687.1668
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