HELENA, Mont. (AP) 鈥� Montana鈥檚 Supreme Court on Wednesday upheld a that said the state was violating residents鈥� constitutional right to a clean environment by permitting oil, gas and coal projects without regard for .
The justices, in a 6-1 ruling, that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on , likening it to asking: 鈥淚f everyone else jumped off a bridge, would you do it too?鈥�
The plaintiffs can enforce their environmental rights "without requiring everyone else to stop jumping off bridges or adding fuel to the fire,鈥� Chief Justice Mike McGrath wrote for the majority. 鈥淥therwise the right to a clean and healthful environment is meaningless.鈥�
Only a few other states, including , Illinois, Pennsylvania, Massachusetts and New York, have similar environmental protections enshrined in their constitutions.
The lawsuit filed in 2020 by 16 Montanans 鈥攚ho are now ages 7 to 23 鈥� was considered a breakthrough in attempts by young environmentalists and their attorneys to use the courts to leverage action on climate change.
鈥淭his ruling is a victory not just for us, but for every young person whose future is threatened by climate change,鈥� lead plaintiff Rikki Held said in a statement Wednesday.
During the 2023 trial in state District Court, the young plaintiffs described how climate change profoundly affects their lives: worsening wildfires foul the air they breathe, while drought and decreased snowpack that sustain farming, fish, wildlife and recreation and affect Native traditions.
Going forward, Montana must "carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits,鈥� said Melissa Hornbein, an attorney with the Western Environmental Law Center and attorney for the plaintiffs.
Republican Gov. Greg Gianforte said the state was still reviewing the decision, but warned of 鈥減erpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans."
鈥淭his decision does nothing more than declare open season on Montana鈥檚 all-of-the-above approach to energy," he said, which promotes using both fossil fuels and renewables.
A day earlier, Gianforte held meetings on how the state can increase energy production, which involved energy suppliers, large energy consumers, public utility companies, transmission stakeholders and legislators.
Incoming Senate President Matt Regier and House Speaker Brandon Ler, both Republicans, joined Gianforte in alleging the justices were overstepping their authority and had strayed into making policy.
"Judicial reform was already a top priority for Republican lawmakers,鈥� Regier and Ler said, warning the justices to 鈥渂uckle up.鈥�
Montana courts have blocked or overturned numerous laws passed by Republicans in the 2021 and 2023 legislative sessions as being unconstitutional, including laws to limit access to abortion.
In seeking to overturn the District Court ruling, the state had argued the plaintiffs should be required to challenge individual fossil fuel development permits as they鈥檙e issued 鈥� which would have involved trying to challenge even smaller amounts of emissions.
Carbon dioxide, which is released when fossil fuels are burned, traps heat in the atmosphere and is largely responsible for the warming of the climate. June brought for the 13th straight month, according to European climate service Copernicus. The in July.
Montana鈥檚 Constitution requires agencies to 鈥渕aintain and improve鈥� a clean environment. A law signed by Gianforte last year said may not consider climate impacts unless the federal government makes carbon dioxide a regulated pollutant. The Montana Supreme Court's ruling found that law to be unconstitutional.
Amy Beth Hanson, The Associated Press
