Young activists win climate change lawsuit

Youngsters victorious in court - 4th September 2023

The US state of Montana has been sued over climate change, brought to trial by 16 plaintiffs, whose ages range from 5 to 22. The momentous decision was the first such lawsuit in the US, and the first of its kind ever to be successful.

The plaintiffs' case pivoted on the argument that their rights had been violated due to Montana's fuel policies, and that pollution contravened the state's constitution.

Created in the 1970s, one constitutional clause reads, "The state and each person shall maintain and improve a clean and healthful environment" for "present and future generations". While it makes no direct reference to climate change, the young activists have endured natural disasters triggered, in part, by global warming.

In the previous two decades, Montana's been beset by droughts, wildfires and flash floods. One young plaintiff, Grace Gibson-Snyder, recollected a soccer game taking place during a wildfire, when "the smoke was so dense that the kids on the team with asthma couldn't play at all."

Judge Seeley concluded that the "Plaintiffs had proven that as children and youth, they are disproportionately harmed by fossil fuel pollution and climate impacts."

The prosecution's case played on the state's expansive coal industry, since Montana's the US's fourth largest producer, and holds the most extensive reserves.

Coal not only fuels the economy but is also a financial boon to the many employees, as the industry pays 30% more than the state's median salary. Nevertheless, Montana's $1.7 billion outdoor leisure sector is enormously lucrative, and the government could also back renewable energy schemes such as the provision and maintenance of wind turbines.

Prior to this ruling, the government was prevented from considering climate change when formulating new energy laws but thanks to these young activists, Montana's state legislature must review this policy.

It's feasible that a precedent's been set, paving the way for future climate change conquests. Similar trials are already in the pipeline, to be played out in the US states of Utah, Hawaii and Alaska, and across continents, from Colombia to Pakistan, and Uganda to Australia.