www.theguardian.com/us-news/2023/jun/17/montana-climate-trial-helena
The 16 young challengers argue that by enacting pro fossil-fuel policies, state officials have violated their constitutional rights to a healthy environment.
Similar youth-led constitutional lawsuits are currently pending in four other states; one federal suit, Juliana v United States, is also pending and was recently announced to be headed to trial.
But Held v Montana is the first to reach that crucial stage. The case, which will be decided by Judge Kathy Seeley, could have reverberations around the country, experts say.
“I think that a favorable decision in this case would be very energizing to potential plaintiffs around the country and indeed, around the world,” Michael Gerrard, founder of the Sabin Center for Climate Change Law at Columbia Law School, said.
Though its technical legal precedent won’t apply beyond Montana’s borders, it could inspire litigation in other places. More youth may file lawsuits. More law firms might get involved. And other judges may be more willing to hear their cases.