A climate change trial, which has been described as groundbreaking, is expected to begin on Monday in a courtroom in Montana’s capital city, involving 16 young residents who allege state officials violated their constitutional rights to a healthy environment.
The lawsuit, which was filed in March 2020, Held v Montana, will mark the first-ever constitutional climate trial in US history.
“We’re asking the government and the courts to do their job and protect us, along with the rest of Montana’s citizens and our incredible home state; this case is one big opportunity for the state to become a leader in preserving a safe, beautiful and prosperous future for Montana,” Grace Gibson-Snyder, a 19-year-old plaintiff, said.
Advocates hope the trial could set precedent for similar cases to move forward and that it could inspire legal action in other states. The state’s constitution has since 1972 guaranteed that the “state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations”. By propping up fossil fuels, the plaintiffs argue, the state has failed to uphold this responsibility.
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“I’m thrilled about this unique opportunity to lay out the whole story of how the government promotes fossil fuel development, how those policies exacerbate climate change, and how that in turn harms me and the other youth plaintiffs,” said Gibson-Snyder.
Jim Nelson, who is a retired Montana supreme court justice, said that Montana has “never, never” fulfilled its duty to maintain a healthy environment. Just this session, he said, the state’s legislature enacted two dozen bills that will “adversely affect the environment”.
“The legislature basically thumbed its nose at these constitutional provisions,” Nelson said.
He said that a favorable judgment could “force the legislature and public officials in the state administration to actually do what the constitution requires”.
The two-week trial which is being held in Helena, Montana, is scheduled to run from 12 to 23 June. A judge is expected to issue a ruling sometime after its conclusion.
Story was adapted from the Guardian.
