Introduction
In Held, et al v State of Montana, et al
(“Held”), the Montana First
Judicial District Court in Lewis and Clark County, Montana, handed
down an Order that is reportedly the first major climate litigation
decision to come from a North American court that upheld claims
based on environmental rights.
This article is the first in a three-part series. In this
article, we will provide a summary of the decision, which will be
followed by articles on the history of climate change litigation in
North America, and the potential impact of this decision -
including the likelihood of further climate change litigation.
Summary of Held
Overview of the Claim
In 2020, sixteen Montana youths (the
“Plaintiffs”) filed a Complaint
against the State of Montana, including the Governor, Montana
Department of Environmental Quality, Montana Department of Natural
Resources and Conservation, Montana Department of Transportation,
and Montana Public Service Commission
