In a landmark decision, brought on by a lawsuit filed against the state of Montana, Judge Kathy Seeley (pictured) has ruled in favor of a group of youth plaintiffs claiming the state violated their constitutional right to a 'clean and healthful environment' by prohibiting consideration under Montana's Environmental Protection Act (MEPA) of emissions and climate impacts when permitting fossil fuel projects. The lawsuit, which was filed three years ago by plaintiffs ranging in age from 5 to 22, could have nationwide impacts with the law firm that represented the youth due back in court next year against the state of Hawaii, which, like Montana, guarantees citizens a constitutional right to a quality environment. Read the full ruling, here.
Judge Kathy Seeley
" By prohibiting analysis of GHG emissions and corresponding impacts to the climate, as well as how additional GHG emissions will contribute to climate change or be consistent with the Montana Constitution, the MEPA Limitation violates Youth Plaintiffs' right to a clean and healthful environment and is unconstitutional on its face."
1. Based upon the foregoing Findings of Fact and Conclusions of Law the Court determines and declares that:
2. The Youth Plaintiffs have standing to bring the claims addressed herein.
3. Montana's GHG emissions have been proven to be fairly traceable to the MEPA Limitation.
4. Montana's GHG emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana's environment and harm and injury to the Youth Plaintiffs.
5. This judgment will influence the State's conduct by invalidating statutes prohibiting analysis and remedies based on GHG emissions and climate impacts, alleviating Youth Plaintiffs' injuries and preventing further injury.
6. By prohibiting analysis of GHG emissions and corresponding impacts to the climate, as well as how additional GHG emissions will contribute to climate change or be consistent with the Montana Constitution, the MEPA Limitation violates Youth Plaintiffs' right to a clean and healthful environment and is unconstitutional on its face.
7. Plaintiffs have a fundamental constitutional right to a clean and healthful environment, which includes climate as part of the environmental life-support system.
8. The 2023 version of the MEPA Limitation, Mont. Code Ann. § 75-1-201(2)(a), enacted into law by HB 971, is hereby declared unconstitutional and is permanently enjoined.
9. Mont. Code Ann. § 75-l-201(6)(a)(ii), enacted into law by SB 557 from the 2023 legislative session, is hereby declared unconstitutional and is permanently enjoined because it removes the only preventative, equitable relief available to the public and MEPA litigants.
10. In addition to the findings, conclusions, and declarations set forth above, injunctive relief is appropriate, prohibiting Defendants from acting in accordance with the statutes declared unconstitutional.
11. Judgment is hereby found in favor of the Plaintiffs as prevailing parties.
12. The Youth Plaintiffs requested an award of reasonable attorneys' fees and costs. (Doc. 1 at 104.). Pursuant to Rule 54 (d), Mont. R. Civ. P., Youth Plaintiffs shall submit their motion for fees and costs and documentation in support of their request for fees and costs, within fourteen days of the date of this Order. Defendants shall have fourteen days thereafter to respond, and shall have the opportunity to request a hearing pursuant to the provisions of Rule 43 (c), Mont. R. Civ. P. The Court reserves jurisdiction to issue its final judgment to include the issue of attorneys' fees and costs.
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