Montana's Supreme Court has decided that the state constitution requires climate change regulation, in a landmark victory for progressives. The lawsuit is the first of its kind in the country, and a successful example of social engineering through judicial fiat.
"This ruling is a victory not just for us, but for every young person whose future is threatened by climate change,” lead plaintiff Rikki Held said in a statement Wednesday.
In an unprecedented trial last year, Montana Judge Kathy Seeley sided with a group of young plaintiffs who argued their lives were negatively impacted by greenhouse gas emissions.
The Supreme Court agreed with Seeley, striking down a law signed by Governor Greg Gianforte (R) that excluded climate change analysis from environmental reviews of energy projects.
The key issue in the case was the scope of Article IX in the state's Constitution, which guarantees a "clean and healthful environment” for Montanans.
In a groundbreaking legal maneuver, climate attorneys and a group of 16 young plaintiffs, now aged 7 to 23, argued that the state's Constitution guaranteed a right against greenhouse gas harms.
The state argued that the framers of the 1972 environmental amendment weren't thinking about climate change when they adopted Article IX, but the Supreme Court disagreed.
“The District Court’s conclusion of law is affirmed: Montana’s right to a clean and healthful environment and environmental life support system includes a stable climate system, which is clearly within the object and true principles of the Framers inclusion of the right to a clean and healthful environment," the court wrote.
The ruling raises the regulatory burden for fossil fuel producers in Montana, leading Governor Gianforte to warn of higher energy costs ahead.
“This Court continues to step outside of its lane to tread on the right of the Legislature, the elected representatives of the people, to make policy,” Gianforte said.
“This decision does nothing more than declare open season on Montana’s all-of-the-above-approach to energy, which is key to providing affordable and reliable energy to homes, schools, and businesses across our state.”
While Montana is a Republican state, the Supreme Court is dominated by liberals, who have handed progressives victories on issues like voting rights.
The state's Republicans have accused the Supreme Court of acting like a legislature, and after their latest ruling, the GOP is warning the court to "buckle up" for reform.
