Tag Archives: Held v. State of Montana

‘This Is Huge’: Judge Sides With Montana Youths in Historic Climate Ruling

“As fires rage in the West, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet,” said one attorney representing 16 young plaintiffs.

By Julia Conley. Published 8-14-2023 by Common Dreams

The plaintiffs in Held v. State of Montana. Photo: Our Children’s Trust

Climate advocates on Monday expressed hope that an unprecedented ruling by a state judge in Montana, siding with 16 young residents who argued the state violated their constitutional rights by promoting fossil fuel extraction, will mark a sea change in the outcomes of climate lawsuits.

In Held v. State of Montana, District Court Judge Kathy Seeley ruled that rights of the plaintiffs—who range in age from 5 to 22— have been violated by the Montana Environmental Policy Act because the law has prevented the state from assessing the climate impacts of mining projects.

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‘Nothing Short of Outrageous’: Attorneys for Youth Climate Plaintiffs Blast Biden DOJ

“It is our hope and expectation that the courts will see through the DOJ’s tactics and ensure that this constitutional case gets to trial immediately,” said a lawyer with Our Children’s Trust.

By Jessica Corbett Published 7-7-2023 by Common Dreams

The 21 youth plaintiffs in the constitutional climate case Juliana v. United States pose for a photo in New York City. (Photo: Our Children’s Trust)

Nearly eight years since 21 young Americans launched a landmark federal climate lawsuit against the U.S. government, their lawyers this week called out President Joe Biden’s administration for trying to get the case dismissed using recycled arguments.

In a Friday statement responding to the U.S. Department of Justice’s most recent push to have Juliana v. United States dismissed, Andrea Rodgers, one of the Our Children’s Trust attorneys for the youth plaintiffs, charged that “the DOJ’s conduct throughout the course of this case has been nothing short of outrageous.”

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‘Our Voices Are Actually Being Heard’: Historic Youth Climate Trial Begins in Montana

“I think a victory for the Montana youth would really set the stage, provide a strong foundation for many of these other youth climate cases,” said one law professor in the state.

By Jessica Corbett. Published 6-12-2023 by Common Dreams

The plaintiffs in Held v. State of Montana Photo: Western Environmental Law Center/Twitter

The first-ever constitutional climate trial in the United States—the result of 16 youth suing the Montana government for promoting and supporting fossil fuels that dangerously warm up the planet—kicked off in Helena on Monday.

“Going to trial means a chance for me and my fellow plaintiffs to have our climate injuries recognized and a solution realized. It means our voices are actually being heard by the courts, the government, the people who serve to protect us as citizens, and Montana’s youth,” Grace, one of the 16 young people behind Held v. State of Montanasaid in a statement earlier this year.

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13 Youth File ‘Vital’ Constitutional Climate Lawsuit Against Virginia

“We are tired of our fears being ignored, and the courts are a way to make sure our voices are heard by the government that represents us.”

By Jessica Corbett  Published 2-9-2022 by Common Dreams

Chesterfield Power Station, a Dominion Resources’ coal fired power plant located in central Virginia. Photo: Edbrown05/Wikimedia Commons/CC

Virginia residents ages 10 to 19 filed a constitutional lawsuit against the commonwealth on Wednesday over the government’s fossil fuel policies that contribute to the climate emergency.

The 13 young plaintiffs, represented by Our Children’s Trust, are asking the court to declare that the state government’s historic and ongoing permitting of fossil fuel projects that pollute the planet violates their constitutional and public trust rights. Continue reading

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