Landmark Climate Change Ruling In Montana Sets Precedent For New York's Environmental Rights Amendment

A trial court in Montana has issued a landmark ruling in a climate change case that could have significant ramifications for New Yorkers in light of voters' 2022 amendment to the NYS constitution to include a new environmental rights amendment. In Held v. State of Montana, the court issued a 100-page ruling that documents the irrefutable science linking fossil fuel use to climate change and the severe consequences that temperature increases will have on human health and the environment. The court further held that Montana's production and use of fossil fuels is a significant contributor to global climate change—contributing more greenhouse gasses than many major nations on the planet. Finally, the court held that Montana's failure to consider climate change in all agency actions and decisions violates the unique 1972 environmental amendment in the state constitution, which says: "[t]he state and each person shall maintain and improve a clean and healthful environment