First Climate Action Case Goes to Trial in US

JUN 13 2023·Updated AUG 27

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Image credit: Wikimedia Commons

The Facts

On Monday, the trial for the case of Held v. State of Montana began. The constitutional case, spearheaded by American youth, is the first to reach trial in the US with claims that Montana is violating the rights of children to a healthy environment.
Al Jazeera
In 2020, 16 residents of the state between the ages of five and 22 became plaintiffs in the case when they accused state officials of developing and implementing fossil fuel-laden policies that would damage the environment.
guardian
Over the course of Montana's statehood, there is no record of any permit for a fossil fuel project being rejected. Montana remains a large contributor, providing roughly 30%, of the oil production in the US.
Politico
Representation for the state plan to refute the accusations by saying that warming is a global problem that cannot be linked to Montana's state policies. The resolution that the young plaintiffs seek cannot be provided by the court system but must instead be enacted through global government policy.
Reuters
The plaintiffs and their legal representation hope that if they are successful with their case, states will be forced to consider impacts on the climate and environment when passing fossil fuel-related policies. A win would also force state legislatures to apply that lens to policies already in implementation.
Al Jazeera

Sources Split

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The Spin

Right narrative

This is a show trial based on laws that do not actually exist and is a waste of taxpayer resources. This also is a concerning flex of judicial power — pushing the limits too far of what courts should be able to do. This goes against the newly-revised Montana Environmental Policy Act.

Forbes

Left narrative

These children's lives and future livelihoods are being negatively impacted by the climate crisis. Montana previously promised these children the right to a healthy environment and has violated that promise. This case has every right to go to trial, and these young plaintiffs deserve the opportunity to be heard during their day in court.

guardian