Sixteen kids in the United States are taking the state of Montana to court for environmental policies that they say promote fossil fuels and are in violation of their right to a ‘clean and healthful environment’.
It’s the first constitutional climate case in the country to make it to trial. And the Greta Thunbergs of the world are multiplying fast.
Expert witnesses connected to the case are likely to battle over the extent that specific climate events — such as extreme heat and wildfires — can be attributed to climate change. The judge in the case will not be able to order Montana to alter its energy or climate policies, but could declare the policies unconstitutional.
According to the New York Times, the origins of the case stretch back nearly a decade when some of these kids in the petition weren’t even born. It all started in 2011 through a nonprofit called Our Children’s Trust which back then petitioned the Montana Supreme Court to rule that the state has a duty to address climate change. The court declined to weigh in, effectively telling the group to start in the lower courts.
So the lawyers at Our Children’s Trust were slowly and steadily building their case and fast forward a dozen years worked with the environmental community to identify potential plaintiffs. They cataloged the ways in which the state was being impacted by climate change. (I mean look to Canada forest fires right if you need any more convincing). And the group documented the state’s extensive support for the fossil fuel industry, which includes permitting, subsidies and favorable regulations.
This is a case to watch and a model to follow if you want to mobilize change in your province, state or country.
The plaintiffs tell the Sierra Club that they reject any suggestion that the case represents a publicity stunt.
“As youth, we are exposed to a lot of knowledge about climate change. We can’t keep passing it on to the next generation when we’re being told about all the impacts that are already happening,” one of the lead plaintiffs said: “In some ways, our generation feels a lot of pressure, kind of a burden, to make something happen because it’s our lives that are at risk.”
The case started proceedings on June 12 in Lewis and Clark County District Court, where both sides will present evidence and testimony for the court to determine its legitimacy.
