On 14 August 2023, a landmark order was issued in the case of Held v Montana, by the Montana First Judicial District Court. The case, which was the first US constitutional climate trial, had been brought by a group of Montana youth who challenged the State’s energy legislation that prevented the consideration of the impacts of greenhouse gas (“GHG”) emissions or climate change in environmental reviews and authorisations of energy projects, and who further argued that the promotion of a fossil-fuel based energy system was unconstitutional. According to the Montana Constitution, all persons have the right to a clean and healthful environment, and the State and each person shall maintain and improve such environment for present and future generations. The judge held that the legislation which prevented a consideration of GHG emissions and climate change contributed to the climate, environment and natural resources of Montana being “degraded and depleted”, and was unconstitutional.
Climate science and health impacts
In the order, the judge referred to the expert testimonies on climate science that explained how GHG emissions contribute to climate change, the energy imbalance, the impact of carbon dioxide from fossil-fuels on ecosystems and local communities and the projections for Montana based on the continuation of, or increase in, the present rate of GHG emissions. This was followed by a summary of the expert evidence which explained how climate change harms the physical and psychological health and wellbeing of children and also highlighted the impact on the Montana youth, due to the consequences of the changing natural environment. The order recognised that the youth are disproportionately harmed by fossil fuel pollution and climate change.
Renewable energy transition
The order also referred to the transition to renewable energy that could be achieved in Montana, with pathways indicating that converting to renewable energy would avoid $21 billion in climate costs in 2050, and would reduce the annual total energy costs by $6.3 billion per year. As highlighted by the judge however, social and political barriers maintained through policies and laws prevent the implementation and transition towards renewable energy systems.
The full order can be accessed on the website of Western Environmental Law Center here.
Sustainable Capabilities 