In March 2020, a group of 21 young people from Montana filed a lawsuit against the state. The Montana youth climate lawsuit alleges the state’s continued reliance on fossil fuels violates constitutional rights to a clean and healthy environment. The lawsuit, which is being led by the environmental group Our Children’s Trust, is the first of its kind in the United States.
A Montana judge on May 5, 2023, said the Montana youth climate lawsuit will proceed to trial despite efforts by the state to derail the case.
The plaintiffs in the lawsuit are all between the ages of 5 and 22. They come from all over Montana and represent a diverse range of backgrounds. But they are all united by one common goal: to protect their future from the devastating impacts of climate change.
Montana Youth Climate Lawsuit
In the Montana youth climate lawsuit, the plaintiffs argue that Montana’s continued reliance on fossil fuels is causing them irreparable harm. They point to the state’s rising temperatures, more frequent extreme weather events, and declining air quality as evidence of the harm that climate change is already causing. They also argue that Montana’s inaction on climate change violates their right to a clean and healthy environment protected by the state’s constitution.
The state of Montana has not yet filed a response to the Montana youth climate lawsuit. However, the state will likely argue that the plaintiffs do not have standing to sue. Standing is a legal requirement that a plaintiff must have in order to sue the government. In order to have standing, a plaintiff must have suffered an actual or imminent injury that is caused by the government’s action.
The state of Montana will likely argue that the plaintiffs, in this case, do not have standing because they have not yet been harmed by climate change. The state may also argue that the plaintiffs’ injuries are not caused by the state’s action but rather by the actions of other countries and individuals.
See also: Vancouver’s Big Oil Lawsuit, Explained.
Other Similar Cases
The young plaintiffs in the Montana youth climate lawsuit are not alone. In 2015, 21 young people from 20 states filed a lawsuit against the federal government, alleging that its failure to regulate greenhouse gas emissions violated their constitutional rights. The lawsuit, which is known as Juliana v. United States, is still pending.
In 2017, a group of 16 young people from New York filed a lawsuit against the state, alleging that its continued reliance on fossil fuels violated their constitutional rights. The lawsuit, known as Held v. New York, is still pending.
These lawsuits are part of a growing movement of young people who are demanding action on climate change. Young people are the ones who will be most affected by climate change, and they are the ones who will have to live with the consequences of inaction. The youth climate movement is a powerful force for change, and we will likely see more lawsuits like these in the future.
In addition to the lawsuits mentioned above, there have been other legal challenges to government inaction on climate change. In 2019, a group of young people from the Netherlands filed a lawsuit against the Dutch government, alleging that its failure to reduce greenhouse gas emissions violated their human rights. The lawsuit, which is known as Urgenda Foundation v. The State of the Netherlands, was successful, and the Dutch government was ordered to reduce its greenhouse gas emissions by 25% by 2020.
In 2020, a group of young people from Ireland filed a lawsuit against the Irish government, alleging that its failure to reduce greenhouse gas emissions violated their human rights. The lawsuit, which is known as Friends of the Irish Environment v. The Government of Ireland, is still pending.
The outcome of the Montana youth climate lawsuit is uncertain. However, the lawsuit is significant because it is the first lawsuit to challenge a state’s inaction on climate change on constitutional grounds. The lawsuit is also significant because it is being filed by young people who are directly affected by the effects of climate change.
The Montana youth climate lawsuit is part of a growing movement of young people who are demanding action on climate change. In recent years, young people have led protests, strikes, and lawsuits in an effort to raise awareness about the climate crisis and to pressure governments to take action.
The youth climate movement is a powerful force for change. Young people are the ones who will be most affected by climate change, and they are the ones who will have to live with the consequences of inaction. The youth climate movement is a reminder that the future of our planet depends on our actions today.
