Written by Blake Owen, Director of Finance at Chen Law Journal
On March 13, 2020, a group of more than a dozen young plaintiffs, some as young as 2 years old, filed a lawsuit against the state of Montana. The plaintiffs contend that the state's fossil fuel-friendly policies are not only environmentally harmful but also unconstitutional.
Represented by the non-profit law firm, Our Children's Trust, these young activists hope that their historic case will serve as a wake-up call to Montana legislators, urging them to implement more climate-friendly laws and regulations. The plaintiffs argue that the state's policies violate Montana's constitution, which includes a provision for a healthy environment in its bill of rights.
At the heart of the plaintiffs' claims lies Montana's controversial energy policy initiatives. Of particular concern is a 2011 amendment that allows the blending of alternative fuels and fossil fuels to meet the state's energy needs. The plaintiffs, known as Held et al., argue that this amendment perpetuates a fossil-fuel-based energy system that significantly contributes to the climate crisis.
The defense has made several attempts to dismiss the lawsuit. However, in August 2021, a judge rejected the State's motion to dismiss, determining that the lawsuit presented a reasonable dispute regarding whether the state's policies caused substantial harm to the plaintiffs and if such harm could be addressed. In a last-minute effort to have the case thrown out, the Montana state legislature repealed the energy policy in early April. Montana's Attorney General spokesperson, Emily Flower, asserted that since the main part of the case had been eliminated, the remaining claims should also be dismissed.
As a consequence of these developments, Judge Kathy Seely ruled against the plaintiff's claim regarding the State Energy Policy. This claim aimed to repeal the energy policy amendment, which had already been accomplished, rendering the claim moot.
