STEVE INSKEEP, HOST:
Montana's Supreme Court ruled this week that the state must uphold a constitutional obligation to address human-caused climate change. This is the first ruling of its kind in the country, and it responds to a lawsuit by 16 youth plaintiffs. Ellis Juhlin of Montana Public Radio has been covering this and is on the line early in Montana. Good morning.
ELLIS JUHLIN, BYLINE: Good morning, Steve.
INSKEEP: What is this constitutional obligation on climate?
JUHLIN: So Montana's constitution explicitly protects the right to a clean and healthful environment. And what this decision now means is that that includes a stable climate.
INSKEEP: OK, so what does that mean?
JUHLIN: So in this case, often referred to as Held v. Montana, the ruling is narrow and it's broad. It's narrow because it changes a component of Montana's Environmental Policy Act, to say that state agencies must consider how a proposed project like a gas-fired power plant contributes to climate change. They have to measure greenhouse gas emissions when doing those assessments now, and before this decision, agencies didn't have to do that. But the ruling is also really broad because it establishes this precedent that climate change is harming Montanans, and that violates their constitutional protections.
INSKEEP: Really interesting, and we'll underline here this involves the state constitution. Now, I said youth plaintiffs who filed the original lawsuit four years ago. I guess they're all a little bit older now. How are they responding?
JUHLIN: Yeah, that's right, Steve. Some of them filed the lawsuit before they could vote and voted in the most recent election.
INSKEEP: Wow.
JUHLIN: There are 16 youth plaintiffs overall, and they are thrilled by this outcome. They've argued that the state's fossil fuel policies were making climate change worse because things like - things in a changing climate mean increasing wildfires that cause smoky skies or warmer temperatures, reducing snowpack and the availability of water. And it's come up time and time again from these plaintiffs that they worry the Montana they've known won't be around by the time they have kids. I spoke with one of those plaintiffs, Olivia Vesovich - who was 16 when this case was first filed - just after the decision came out yesterday.
OLIVIA VESOVICH: The reach that this case has had - I had no understanding. All I knew was that I really, really, really wanted my voice to be heard, and I really, really wanted to protect this state and this world that I love so much.
JUHLIN: And environmental and climate groups, along with Democratic lawmakers, are celebrating with these youth plaintiffs. They see this as a victory, but Republican state officials aren't so happy. They say this sets a precedent that's going to encourage future litigation attacking fossil fuel-based energy. In a statement, Governor Greg Gianforte's office said that he sees this decision as judicial overreach.
INSKEEP: I guess we should just note - this is a court ruling, a state court ruling, in what is basically a red state. What does that decision mean outside of Montana, though?
JUHLIN: So this decision could help with future cases in other states that also have constitutions with similar language and environmental protections. Five other states, including Hawaii and Illinois, have similar constitutional language to Montana's. Here's Professor Michael Gerrard, who heads the Sabin Center for Climate Change Law at Columbia University.
MICHAEL GERRARD: I think this kind of victory will embolden youth plaintiffs and others to bring similar cases in other parts of the country.
JUHLIN: Last year, Hawaii settled a similar case brought by youth plaintiffs. And there are other cases pending, including in Utah.
INSKEEP: What are some other effects of this ruling?
JUHLIN: So Gerrard points out that this ruling makes climate science part of the legal record.
GERRARD: And here the trial court, now affirmed by the state supreme court, upheld all the findings of the climate scientists. It's going to be increasingly hard for anyone to challenge those scientific findings.
JUHLIN: He says other countries have environmental rights detailed in their constitutions, too, and Montana's decision could be cited in climate litigation that gets filed globally.
INSKEEP: Ellis Juhlin with Montana Public Radio. Thanks so much.
JUHLIN: Thanks, Steve.
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