A group of young environmentalists in Montana have taken their state to court over its failure to address climate change, in a landmark case that could set a precedent for future legal actions.
The plaintiffs, who range in age from 11 to 24, argue that Montana has violated their constitutional rights to a clean and healthful environment, as well as their rights to due process and equal protection, by promoting fossil fuels and failing to reduce greenhouse gas emissions.
The case, known as MEIC v. Montana, was filed in 2011 and has faced several delays and appeals. It is one of the first cases in the U.S. to use a legal strategy known as atmospheric trust litigation, which asserts that the government has a fiduciary duty to protect the atmosphere and other natural resources for current and future generations.
The trial began on Monday in Helena, the state capital, and is expected to last two weeks. The plaintiffs are seeking a court order that would require Montana to adopt a science-based plan to reduce its greenhouse gas emissions by at least 45% by 2030 and reach net-zero emissions by 2050.
Montana is one of the largest coal-producing states in the U.S., and also has significant oil and gas resources. The state has opposed the lawsuit, arguing that it has no legal obligation to regulate greenhouse gas emissions, and that doing so would harm its economy and infringe on its sovereignty.
The plaintiffs are represented by Our Children’s Trust, a nonprofit organization that supports youth-led climate litigation around the world. The organization is also involved in another high-profile case, Juliana v. United States, which seeks to hold the federal government accountable for its role in causing climate change.
The Montana trial comes amid a growing wave of climate lawsuits around the world, as activists, communities and governments seek to hold polluters and policymakers responsible for the impacts of global warming. According to a recent report by the United Nations Environment Programme, there are more than 1,800 climate cases in 40 countries as of July 2020.
