Held v. Montana: First Trial on Climate Change in the US

The first trial related to climate change in the United States opened Monday in Montana, after a dozen young people filed lawsuits against the northwestern state, accusing it of violating their constitutional right to a “clean and healthy environment”.

The case, named Held v. Montanais being scrutinized because its outcome could support other lawsuits across the country, targeting both the fossil fuel industry and the authorities.

The 16 plaintiffs, aged 5 to 22, say the ‘dangerous effects of fossil fuels and the climate crisis’ have harmed them – with children being ‘singularly vulnerable’ to these worsening effects.

Lead plaintiff Rikki Held, whose family owns a ranch in eastern Montana, recounted how their way of life has been directly affected by the increasingly raging wildfires, extreme temperatures, and drought. frequently this State renowned for its green landscapes.

Rikki Held, 22, spoke of a wildfire that knocked out power lines and knocked out power to their ranch for a month, killing livestock because the family couldn’t pump water.

By 2021, smoke and ash from the fires had saturated the air “all summer,” said the environmental science graduate.

Multiplied effects

At the heart of the debates, an article of the local constitution stipulating that “the State and everyone must maintain and improve a clean and healthy environment in Montana for present and future generations”.

The plaintiffs also question the constitutionality of a Montana law that prohibits the local government from considering climate impacts when deciding whether or not to grant permits to fossil fuel companies.

They do not demand any compensation, but ask that a statement be drawn up stating that their rights are infringed. This should be a first step towards legislative action.

In his opening remarks, attorney Roger Sullivan discussed the effects of global warming on Montana’s youth.

“Heat, drought, forest fires, air pollution, violent storms, disappearance of local fauna, melting glaciers, loss of pillars and family and cultural traditions”, he listed, also referring to the medical damage and psychological.

In addition, the lawyer argued that the state had conducted a disastrous energy policy, releasing 166 million tons of CO2 into the atmosphere each year, the equivalent of a country like Argentina while Montana does not count. just over a million people.

Climatologist Steve Running, called to testify by the prosecution, presented Monday the scientific evidence of the responsibility of Man in global warming. Montana, for example, is experiencing shorter winters lengthening the fire season, he noted.

“Spectator”

On several occasions, the state tried to have the lawsuits dismissed on grounds of procedural error, but on June 6, the state Supreme Court gave the green light for the trial to begin. It will run until June 23 in Helena, capital of Montana.

Montana Attorney General Michael Russell told him that during the proceedings, the court would hear “guesses” about “what the future may hold, including sweeping and bombastic claims about a tragic fate that awaits us all.”

According to him, the law at the heart of the trial proceedings cannot be the cause of the damages of which the plaintiffs claimed to be victims.

“Montana’s (CO2) emissions are just too tiny to make any difference,” Russell said, calling climate change a “global issue” in which the state played a “mere bystander” role. .

This type of argument comes up often, told theAFP Michael Burger, executive director of the Sabin Center for Climate Law at Columbia University.

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According to him, governments and the fossil fuel industry tend to say “that nothing should be done until everyone agrees to do everything, and that no individual contribution can be large enough to count “.

Source : © 2023 AFP

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