In 2020, sixteen Montana youth sued the State of Montana
and related public entities. Among other things, the proceeding
challenged fossil fuel-based provisions of Montana legislation,
alleging that these provisions violated rights guaranteed by the
Montana Constitution.
Following a trial in June 2023, a Montana state court has now ruled in favour of the plaintiffs, finding
that they have "a fundamental constitutional right to a clean
and healthful environment, which includes climate as part of the
environmental life-support system," and striking down state
legislation incompatible with that right.
The court accepted the "overwhelming scientific consensus
that Earth is warming as a direct result of human [greenhouse gas]
emissions, primarily from the burning of fossil fuels," and
that climate change is "impacting, degrading, and depleting
Montana's environment and natural resources." The court
was also satisfied that children are "uniquely vulnerable to
the
