Montana Supreme Court Rules in Favor of Kids

Photo: Bruce Tuten/Flickr

Four years ago, a group of sixteen kids filed a lawsuit against the state of Montana, alleging the state has violated its constitution by prioritizing fossil fuel development over the health and safety of Montana residents.

According to Hatch Magazine, that case made it all the way to the Montana Supreme Court, where the justices ruled in favor of the kids. This ruling affirmed a previous lower-court ruling that also sided with the kids.

As you can read in Hatch, the plaintiffs “alleged that a provision added in 2011 to the Montana Environmental Policy Act (MEPA), aimed specifically at preventing climate change-related impacts from being taken into account during environmental feasibility and permitting reviews conducted by the state, was unconstitutional. That provision barred state environmental reviews from taking into consideration ‘actual or potential impacts beyond Montana’s borders,’ adding that ‘it may not include actual or potential impacts that are regional, national, or global in nature.'”

Montana’s state constitution includes wording that guarantees its citizens to a clean and healthy environment. The plaintiffs thought, and the state Supreme Court agreed, that the MEPA provision violated the constitution. That provision won’t be legal after this ruling, which means Montana legislators will have to factor in climate change when making environmental and permitting decisions.

How much of a difference this will have in policymaking is still to be seen, but it likely opens the doors for further lawsuits if people or groups feel Montana’s legislature isn’t following the rules laid forth in the state constitution that Montana must provide a healthy and clean environment.

Montana governor Greg Gianforte (R) responded to the decision. He was quoted by PBS as saying “This decision does nothing more than declare open season on Montana’s all-of-the-above approach to energy.” Similar to other Western states, Montana’s official position is a promotion of both fossil fuels and renewable energy within its borders.