Montana District Judge Kathy Seeley ruled against a state law that prohibited the consideration of climate impacts in the process for approving energy projects.
“By prohibiting analysis of GHG emissions and corresponding impacts to the climate…the [Montana Environmental Policy Act] Limitation violates Youth Plaintiffs’ right to a clean and healthful environment and is unconstitutional on its face,” she wrote.
The case was largely bolstered by a provision in Montana’s constitution that guarantees a right to “a clean and healthful environment.”
Nevertheless, Julia Olson, chief legal counsel of Our Children’s Trust, which represented the plaintiffs, said in a written statement she believes the case could be a “turning point.”
“Today, for the first time in U.S. history, a court ruled on the merits of a case that the government violated the constitutional rights of children through laws and actions that promote fossil fuels, ignore climate change, and disproportionately imperil young people,” she said.
Similar cases have been filed at the state and federal level, though many, including a federal claim, have been dismissed.
Read more in a full report at TheHill.com.
