Climate Change Lawsuit Led by 16 Kids Against Montana Set to go on Trial

A date has been set for the trial of the first-ever climate change lawsuit led by 16 kids who are suing the state of Montana over its continued use of fossil fuels.

Per NBC News, Held V. State of Montana will go on trial at the Lewis and Clark County District Court on Monday, Feb. 6, 2023, or three years after 16 young plaintiffs lodged the climate change lawsuit in March 2020.

The complaint is led by Rikki Held, who is joined by other children between the ages of 2 to 18 years old at the time of the filing. The group has the backing of Our Children's Trust, which has also filed a separate climate change lawsuit against former Gov. Steve Bullock, Montana's Department of Environmental Quality, the state's Department of Natural Resources and Conservation, and the state's Department of Transportation and Public Service Commission.

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Judge Denies Lawsuit Dismissal

In August 2021, the state filed a petition to have the lawsuit dismissed, but Judge Kathy Seeley denied the request and said that a trial must proceed in recognition of the young plaintiffs who are experiencing and witnessing the effects of climate change in the environmental, economic, physical, and mental aspects of their health and well-being. The judge also said that the children have the right to sue the state for expanding the fossil fuel industry.

Grace, one of the young plaintiffs, expressed relief that the judge didn't dismiss their case. She vowed to continue the fight and "defend our constitutional rights," per the Western Environmental Law Center. Montana's state constitution mentions the people's environmental rights in Article IX. It is one of six states in America with such a provision in its local constitution.

Melissa Hornbein, one of the lawyers helping out the kids, said that Montana has been relying on fossil fuel energy for a long time and has exacerbated the climate change problem. She believes that the progression of the case is an affirmation of the children's plight and the need to address the issue.

However, this is still not a win for the 16 kids. Their lawyers have to prove that the state's policies and statutes on fossil fuel use have significantly impacted children's lives. But Held is looking forward to the trial next year and said this was a "long time coming."

Alaska Youth Loses Climate Change Lawsuit

It comes as the Alaska Supreme Court dismissed another climate change lawsuit filed by 16 young locals in January this year. According to the Alaska News Source, three judges sided with the state, while two judges ruled in favor of the lawsuit.

Sagoonick v. State of Alaska, which also had the backing Our Children's Trust, was originally lodged in 2017 with the same claims that the state's reliance on fossil fuel energy has worsened climate change. The plaintiffs have filed an appeal to rehear the case. However, the judges who voted to proceed with a trial have retired.

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