A Helena District Judge has ruled in favor of plaintiffs Our Children's Trust and a group of youth who challenged the state of Montana claiming the state had not upheld its constitutional obligation for a clean and healthful environment.
Judge Kathy Seeley issued the ruling in the landmark case Held v. Montana on Monday finding the plaintiffs have standing.
The case was the first of its kind to make it to trial in the United States.
During the June trial, some of the 16 plaintiffs aged 5-22 took the stand and explained how climate change has impacted their lives.
Montana attorneys argued at trial that Montana’s overall contribution to global greenhouse gas emissions (GHG) is minuscule compared to the rest of the world.
According to the ruling, Montana's greenhouse gas emissions have been proven to be fairly traceable to the Montana Environmental Policy Act (MEPA) Limitation and the judgment will influence Montana's conduct by "invalidating statutes prohibiting analysis and remedies based on GHG emissions and climate impacts."
The ruling means the 2023 version of the MEPA Limitation enacted by House Bill 971, as well the law created by Senate Bill 557 are unconstitutional and permanently enjoined.
Judge Seeley is also allowing the plaintiffs to submit attorneys fees costs that would be paid for by the state. She will make her final ruling on costs after the defense has a chance to respond.
Editor's note: This article originally said attorney's fees had been awarded to the plaintiffs. At this time no fees have been awarded and the judge is allowing parties to submit motions regarding attorney's fees.
