AFP
The first ever climate trial in the United States begins Monday in Montana, brought by young people suing the western state for violating their constitutional right to a “clean and healthful environment.”
Held v Montana is being closely watched because it could bolster similar litigation that is being pursued across the country, targeting both the fuel industry and governments.
The 16 plaintiffs, ranging in age from five to 22, said they have been harmed by the “dangerous impacts of fossil fuels and the climate crisis,” with children “uniquely vulnerable” to its worsening impacts.
“Young people like me understand what is at stake,” said Grace Gibson-Snyder, 19, in a statement provided by Our Children’s Trust, one of the groups representing the youths.
“We understand that we have a limited time to transition off of fossil fuels to ensure a safe and secure future for ourselves and our children.”
Named after lead plaintiff Rikki Held, the case is being overseen by Judge Kathy Seeley in the state capital Helena, and will run until June 23.
At its heart is a provision within the fossil fuel friendly state’s constitution that guarantees: “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.”
The plaintiffs are not seeking financial compensation, but rather a declaration that their rights are being violated as a first step towards policy action.
The youth are also suing to have their equal rights as adults enforced under the Montana Constitution.
For its part, the state has repeatedly tried but failed to have the case tossed out over procedural issues.
On June 6, Montana’s Supreme Court ruled 6-1 the trial, “with preparation literally years in the making,” could go ahead.
It comes as dozens of US jurisdictions are suing fossil fuel companies over climate impacts as well as disinformation campaigns about climate science.
“When it comes to climate action, U.S. courts have never been more relevant,” said Alice Hill, a former Barack Obama climate advisor and member of the Climate Crisis Advisory Group.
“Everyone from kids to local governments are suing, asserting harm from climate change, and cases range from claims that fossil fuel companies lied about climate change to averments that states have violated constitutional rights,” she added.
