The Montana Supreme Court has upheld Helena District Judge Kathy Seeley’s ruling in favor of 16-young environmental activists–ages 5-22 that they–and we, have the right to a “clean and healthful environment.”
The decision was 6-1 in favor of the youthful plaintiffs. . The 6-justice majority found the 2-laws, which limited analysis of greenhouse gas emissions during environmental reviews, is unconstitutional and enjoined the state from acting on it. Only Associate Justice Jim Rice dissented.
The 70-page decision, authored by Chief Justice Mike McGrath, found that “Montanans’ right to a clean and healthful environment was violated by the MEPA Limitation, which precluded an analysis of GHG emissions in environmental assessments and environmental impact statements during MEPA review.”
Referring to Judge Seeley’s ruling, which they called a “show trial”, the State’s Attorneys said, “it’s time for the State Supreme Court to do its job and overturn her decision. The Supreme Court disagreed.
The the first-ever lawsuit of its kind, Held v. Montana, took aim at the 2023 Legislature’s amended Montana Environmental Protect Act, or MEPA, which expressly prohibits the State from evaluating greenhouse gas emissions or climate impacts in allowing certain projects to move forward. Case-in-point, the NorthWestern Energy plant in Laurel.
In a statement, Gov. Greg Gianforte tells us, “This Court continues to step outside of its lane to tread on the right of the Legislature–the elected representatives of the people, to make policy.” He predicts perpetual lawsuits ahead, driving up the energy bills for hardworking Montanans.
