16 young people are taking the state of Montana to court: it supports fossil fuels despite its Constitution enshrining the right to a healthy environment.
The oldest is called Rikki and is twenty-one years old. He grew up on a ranch and has seen with his own eyes how unpredictable the weather has become, making it difficult to source water. The youngest is called Nathaniel, he is five years old and has respiratory problems that – his parents claim – are aggravated by frequent wildfires. They are two of the sixteen young people who have sued the state they live in, Montana. They accuse it of having violated its own Constitution, owing to the strong support it has guaranteed to fossil fuels.
The young people are represented by Our children's trust, a non-profit American law firm: it is the only one in the world dedicated exclusively to protecting young people from the climate crisis. As far back as 2011, the New York Times explains, the firm had attempted to approach the Montana Supreme Court, without success. The lawyers therefore chose to build a legal action starting from the first degree of judgement, involving the local community, reconstructing the consequences of global warming on the territory and also documenting the ways in which the administration has supported the fossil fuel industry.
Our Children's Trust therefore brought together the group of 16 young people and in 2020 launched the legal action. The trial will begin on 12 June in the state capital, Helena. There have already been many climate lawsuits, but this is the first to invoke a Constitution — specifically that of the state of Montana (the United States has a federal constitution, but each state also has its own). Article 3 establishes that all persons have inalienable rights, including the right "to a clean and healthful environment"; Article 9 states that "the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations"; and the preamble makes clear that all provisions apply to future generations as well.
In the original version of Montana's Constitution, the New York Times explains, these words were absent. At the time, the mining giants had a very significant presence in local politics and had exerted considerable influence over the text as well. With the 1972 reform, the text was updated to bring citizens' rights to the fore.
Declarations of principle, the lawyers argue, must be followed by facts. And the facts show that Montana is currently fifth in the ranking of American states producing coal, twelfth among oil producers, and since 2011 has banned consideration of climate issues when issuing new gas and oil permits. Greg Gianforte, governor since 2021, withdrew Montana from the US Climate Alliance (a coalition of states committed to cutting greenhouse gas emissions) and signed two laws aimed at preventing the closure of coal-fired power plants.
The legal action openly challenges this political line. Even a potential victory, the New York Times explains, is unlikely to translate into real change in state laws. The result the legal team is actually aiming for is a different one: for the judge to acknowledge that fossil fuels are the cause of global warming and, consequently, to declare unconstitutional the support that has been guaranteed to them by the administration.