Held v. Montana
By Anya Gruteser
As the environment continues to deteriorate and fossil fuel emissions increase, there has been a wave of litigation against companies and governments which harm the environment. One such case was Held v. Montana, the first suit in which the ruling favored the plaintiffs.
In 2020, sixteen teens from Montana filed a lawsuit which challenged a provision under the Montana Environmental Policy Act (MEPA) known as the MEPA Limitation. The restriction dictated that state agencies could not consider the impacts of greenhouse gasses or climate change in environmental reviews of large projects. In practice, this often meant that climate change could not be considered when approving fossil fuel projects. The suit also targeted the SB 557 legislature, or the 2023 Amendment, which amended MEPA and prevented courts from “vacating, voiding, or delaying” permits for proposed projects for reasons related to climate change. The plaintiffs argued that the MEPA limitation was against the Montana Constitution, which states that Montana must protect its residents’ “right to a clean and healthful environment.” The teens testified about the effects of climate change, and Montana’s contributions to them, which included extreme weather events, warmed rivers and streams, and wildfire smoke. These effects impacted all aspects of Montanan life and community, such as family ranching, fish, community and mental health, and indigenous traditions. The judge ruled in favor of the Montana teens, establishing Held v. Montana as a landmark case for the environment and climate change.
The verdict did not only affect Montana; it was an important moment for all of America. Across the United States, a wave of lawsuits related to climate change target companies and governments. However, Held v. Montana was the first case in which the decision favored the plaintiffs. Thus, the case can be used as a lesson for future suits, as it suggests three important ideas: state constitutions can be strong foundations for such cases, showing a link of causation from the authorization of fossil fuel projects to the injuries suffered by the plaintiffs is significant, and narrow, targeted claims are more likely to be accepted. As lawsuits continue to be filed across America and the world, the Held v. Montana, though its literal scope is limited, will become the precedent to much larger, more impactful cases.
Works Cited
Gelles, David, and Mike Baker. “Judge Rules in Favor of Montana Youths in a Landmark Climate Case.” The New York Times, 14 Aug. 2023. NYTimes.com, https://www.nytimes.com/2023/08/14/us/montana-youth-climate-ruling.html.
Perls, Hannah. Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation - Harvard Law School. 30 Aug. 2023, https://eelp.law.harvard.edu/2023/08/held-v-montana/.
