Young Americans win historic victory in climate trial

Climate activists near the White House, July 4, 2023. TASOS KATOPODIS/Getty Images via AFP

A judge has declared unconstitutional a law in Montana favoring the fossil fuel industry.

A Montana judge on Monday ruled in favor of young people who accused their state of violating their constitutional right to a “clean and healthy environmentby favoring the fossil fuel industry, a historic decision in the first major climate lawsuit in the United States. The judge declared unconstitutional a law in her state prohibiting the local administration from taking into account the consequences of greenhouse gas emissions on the climate when it must grant or not to grant permits to fossil fuel companies.

“A Constitutional Right”

This law is therefore canceled, decided the judge Kathy Seeley. “Plaintiffs have a fundamental constitutional right to a clean and healthy environment, which includes climate“, she wrote in her verdict of more than 100 pages. The sixteen plaintiffs, who did not ask for financial compensation, are aged between 5 and 22 years old.

The trial was held in mid-June in Helena, Montana. They had then told how their health, their well-being, or the finances of their families were upset. This is the first time that the constitution of an American state has been invoked in court to attack local authorities on a climate issue. The decision could have significant consequences on future cases. Many similar lawsuits have been filed across the country.

“As much CO² as Argentina”

Plaintiffs in Montana had an advantage: a section of the local constitution clearly states that “the state and everyone must maintain and improve a clean and healthy environment in Montana for present and future generations“.

Montana has just over a million inhabitants, but emits about as much CO² as Argentina. “Thank you to these brave young people who today won a huge victory against climate change“said US Senator Bernie Sanders on social media.

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