Montana’s top court delivers rare victory for climate activists

Montana’s permitting of oil, gas and coal projects without consideration for climate change violates residents’ constitutional right to a clean environment, the state’s Supreme Court ruled Wednesday, upholding a landmark ruling in a case brought by youth activists.

The 6-1 ruling is a major, and rare, victory for climate activists, who have tried to use the courts to force action on government and corporate policies and activities they say are harming the planet. In their decision, the Montana justices affirmed an August 2023 ruling by a state judge, who found in favor of young people alleging the state violated their right to a “clean and healthful environment” by promoting the use of fossil fuels.

Melissa Hornbein, a senior attorney with the Western Environmental Law Center, which served as co-counsel for the plaintiffs along with Our Children’s Trust, said the decision would force Montana state agencies to assess the greenhouse gas emissions and climate impacts of all future fossil fuel projects when deciding whether to approve or renew them.

“This ruling clarifies that the Constitution sets a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation on a per capita basis, and to transition to a clean, renewable energy future,” Hornbein said in a statement.

In a statement issued after the ruling, Montana Gov. Greg Gianforte (R) said the justices’ ruling would lead to “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans.”

Sonny Capece, the executive director of the Montana Petroleum Association, said the ruling could have wide-ranging effects on industry as well as other sources of greenhouse gas emissions, such as landfills, local government services and universities.

“The ruling will have serious repercussions to all industries in Montana and could have serious detrimental effects to our economy,” Capece said.

The case began in March 2020, when a group of 16 Montana residents between the ages of 2 and 18 at the time sued the state, the governor and multiple state agencies over a policy preventing state officials from considering the effect of greenhouse gas pollution when approving fossil fuel development.

Montana, a major oil- and gas-producing state that derives much of its energy from burning coal, tried to have the case dismissed. When the case went to trial, lawyers for the state argued that the state constitution’s authors could not have intended to include climate change within its definition of “a clean and healthful environment” because they did not specifically discuss it. Instead, they focused on issues such as clean air and water.

The state also said that its approach was constitutional because the carbon pollution released from the state’s oil, gas and coal projects is only a small fraction of global emissions. They suggested it would not significantly affect climate change.

“This is akin to the old ad populum fallacy: ‘If everyone else jumped off a bridge, would you do it too?’” Chief Justice Mike McGrath wrote for the majority in Wednesday’s ruling.

“Plaintiffs may enforce their constitutional right to a clean and healthful environment against the State, which owes them that affirmative duty, without requiring everyone else to stop jumping off bridges or adding fuel to the fire,” McGrath wrote. “Otherwise the right to a clean and healthful environment is meaningless.”

Rikki Held, a named plaintiff in the case, said she was grateful for the court’s decision.

“This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” she said in a statement. “We have been heard, and today the Montana Supreme Court has affirmed that our rights to a safe and healthy climate cannot be ignored.”