Because of their unique vulnerability, their stages of development as youth, and their average longevity on the planet in the future, Plaintiffs face lifelong hardships resulting from climate change. — Judge Kathy Seeley, as quoted by Our Children’s Trust
Livingston, Montana’s Park High School graduate Remy Sexton holds up a sign outside the Montana Supreme Court in July 2024 as the Held v. State of Montana climate lawsuit awaits an appeal decision from the state’s highest court. Photograph by Remy Sexton. Source: The Daily Yonder
In March 2020, sixteen youth activists in Montana sued the state over fossil fuel policies that violate their constitutional right to “a clean and healthful environment.” The case, Held v. Montana, was the first constitutional climate case to go to trial in the United States — and the first to win.
On August 14, 2023, in a landmark decision, the court ruled in favor of the sixteen plaintiffs, aged five through 22. The following year, the Montana Supreme Court upheld Judge Seeley’s decision.
This ruling sets an important, inspiring precedent for similar climate justice legal actions led by young people — like Juliana v. United States — across the country and beyond.
For The Nation, Meher Bhatia writes,
The ripple effects of this historic decision could be significant in establishing new legal precedent that would create successful climate lawsuits in other states. Invoking the right to a healthy environment will likely become a replicable strategy for lawsuits in any state that has also explicitly acknowledged the right to a healthy environment in their state constitution. Such a list includes only a handful of states — Pennsylvania, New York, Massachusetts, Hawaii, Illinois, and Rhode Island — though the list seems to be slowly growing.
Additional Resources
Held v. Montana Is a Historic Victory for Climate Action — but Also Human Rights by Meher Bhatia (The Nation)
Montana Youth Win, by Our Children’s Trust
Held v. Montana: Youth Climate Trial, by Montana Free Press
Rural Montanans Speak Out About Climate Policy While State Waits for Held v. Montana Appeal by Julia Tilton, The Daily Yonder
Watch the young plaintiffs win their climate case in the CBC News video below.
This event is included on the Zinn Education Project’s Climate Crisis Timeline.
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