Follow the Children

Three years ago sixteen young people from across Montana took the first step down a path that could lead to a safer cleaner world and change our lives and the lives of generations to come. They filed what might be the first serious constitutional climate lawsuit, Held v. The State of Montana. It claims the state’s support of the fossil fuel energy system is contributing to climate change violating their constitutional rights to a clean and healthy environment. And, yes it’s in their state constitution. In 1972, the Montana constitution was amended to guarantee citizens “the right to a clean and healthful environment”. The original document, drafted in 1889 was heavily influenced by the powerful copper and coal industries. Basically, allowing them to do what they wanted. Despite the change, Montana is the fifth largest coal producing state and the twelfth largest oil producer. State energy policy says it can’t consider climate change when issuing new permits for fossil fuel projects. Well, the kids want to change all this.

The case goes back to 2011, when the non-profit Our Children’s Trust went to the state Supreme Court saying the state has a duty to address climate change. The court said the case had to start in the lower courts. The lawyers started building their case showing how the state’s energy policy favored the fossil fuel industry causing climate change and endangering citizens’ health. Our Children’s Trust sued all fifty state governments and the federal government. Last August, in an historic decision, a judge ruled that Held v. The State of Montana could be the first case to proceed to trial on June 12, 2023.

Who are these kids? There are sixteen. Rikki Held was eighteen in 2020. She grew up on a ranch where climate change made it difficult to maintain a water supply. The youngest is identified as Nathaniel K.  He was a two year old. His parents say he suffers from respiratory problems caused by wildfires caused by climate change. The rest of the young people come from around the state. Republican Governor Greg Gianforte and Republican Attorney General Austin Knudsen declined comment on the case. The governor’s spokeswoman said, “We focus on American innovation and ingenuity, not costly, expansive government mandates, to address our changing climate.” Last year, the  Attorney General did try to stop the case from going forward by asking the state Supreme Court to take control away from the trial judge. The court said no. The state also wanted to interview Nathaniel K., who is now five years old, the judge said no.

Simply put, the plaintiffs want the court to rule fossil fuels are causing pollution and declare the state’s support of the industry unconstitutional. Which ever side wins, there will be appeals that could drag on. Experts says that a win by the young people could set the stage for future climate change cases. There is overwhelming scientific evidence climate change is real, dangerous, and getting worse everyday. There are still people who deny the science and say it stands in the way of business and progress. I suggest they follow these children and think about their children and grandchildren.