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The Montana Supreme Court on Wednesday upheld a 2023 ruling on the side of youth climate activists who claimed the state government violated their right to a healthy environment.
In August 2023, Montana’s First Judicial District sided with the 16 plaintiffs, who cited a state constitutional provision guaranteeing a “clean and healthy environment” to argue that the state violated that right with a law that it prohibited weighing climate impacts during the approval process for energy projects. .
The state’s highest court upheld the finding in a 6-1 ruling Wednesday, writing“Montana’s right to a clean and healthy environment and an environmental life support system includes a stable climate system, which is clearly within the purpose and true principles of the Framers’ inclusion of the right to a clean environment and healthy”. Judge Jim Rice, who was appointed by former Gov. Judy Martz (R), was the lone dissenter.
The court rejected an argument by Montana Attorney General Austin Knudsen (R) that state-level efforts will have no effect without action from the rest of the world, likening that argument to “the old ad populum fallacy: “If everyone else jumped off a bridge, would you too?”
The plaintiffs’ attorney, Melissa Hornbein of the Western Environmental Law Center, hailed the decision as “a monumental moment” for the youth and the state.
“This ruling makes clear that the Constitution provides a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation per capita, and transition to a clean energy future and renewable,” he said.
Knudsen’s office criticized the decision in a statement, and Montana Department of Justice Press Secretary Chase Scheuer called the ruling “disappointing, but not surprising.”
“A majority of state Supreme Court justices again ruled in favor of their ideologically aligned allies and ignored the fact that Montana has no power to affect the climate,” Scheuer said.
Montana Supreme Court justices are directly elected to eight-year terms, but mid-term replacements are appointed by the governor. Two of Montana’s governor-appointed judges were appointed by Gov. Steve Bullock (D), while Rice is the only judge appointed by a Republican.
