US Court Holds State Liable for Climate Breach, Empowering Global Litigation Trend

August 16, 2023

In a groundbreaking legal victory, a group of young residents from Montana’s Missoula successfully sued their own state for violating their constitutional right to a clean and healthful environment. On August 14, a district court judge ruled in favor of the plaintiffs, stating that the state’s negligence in addressing climate change while approving fossil fuel projects was unconstitutional.

The recent ruling marks the first time a US court has held a government accountable for breaching the constitution based on climate change concerns. The ruling could potentially galvanize the environmental movement and set a precedent for pending climate change lawsuits in the country. This development comes as climate litigation gains traction globally, with an increasing number of cases demanding accountability for climate harm.

What did the plaintiffs accuse Montana’s state of?

The young plaintiffs accused the Montana state of violating their constitutional right to a clean and healthful environment by neglecting climate change considerations while approving fossil fuel projects.

How did the district court judge rule in the case?

The district court judge ruled in favor of the young plaintiffs, declaring that Montana’s negligence in addressing climate change while approving fossil fuel projects was unconstitutional. This marks the inaugural occasion where a US court has found a government responsible for violating the constitution because of apprehensions related to climate change.

What does the landmark ruling mean for climate litigation?

The ruling has the potential to invigorate the environmental movement and influence other pending climate change lawsuits across the United States. It could encourage similar rulings in states like Hawaii, Utah, and Virginia that also provide constitutional guarantees of a clean and healthful environment.

Why did the plaintiffs file the lawsuit?

The lawsuit was based on a provision in the Montana Environmental Policy Act that prevented officials from considering greenhouse gas emissions and climate impacts when approving energy projects. The plaintiffs argued that this law enabled the promotion of fossil fuel extraction, contributing to climate change and harming their health.

What historical industries are present in Montana that contribute to climate concerns?

Montana has a history of mining oil, gas, and coal, with thousands of gas wells, oil wells, refineries, and coal mines. This industrial activity has contributed to increased average temperatures across the state, as highlighted by the Montana Climate Assessment.

What potential implications does the ruling have for future projects in Montana?

The ruling mandates that Montana must consider climate change implications before approving new energy projects. While experts anticipate a challenge from the state, the decision could set a precedent for environmental considerations in future projects.

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