Held v. Montana: Landmark Trial Could Pave the Way for Climate Lawsuits Nationwide

The case, dubbed “Held v. Montana,” is being watched closely because its outcome could support other lawsuits across the country, targeting both the fossil fuel industry and the authorities. The 16 plaintiffs claim that the “dangerous effects of fossil fuels and the climate crisis” harmed them – the children being “singularly vulnerable” to these effects which are only getting worse. “Young people like me understand what is at stake”explains Grace Gibson-Snyder, 19, in a press release from Our Children’s Trust, one of the associations representing the plaintiffs in this trial.

A trial in Helena, the capital of Montana

“We understand that we only have a short time to get out of fossil fuels to ensure a secure future for us and our children”, she adds. The trial, which is being held in Helena, the capital of Montana, must take place until June 23, 2023. 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”.

Rikki Held, la plaintiffe principale
The complainants are between the ages of 5 and 22. What unites them: all claim to have suffered harm because of the “damaging effects of fossil fuels and the climate crisis”. They point out that children are particularly vulnerable to these effects which are only getting worse. Rikki Held is the lead plaintiff. Her family owns a ranch in eastern Montana, and she testified to the direct impact of climate change on their way of life: wildfires, extreme temperatures and drought now regularly hit this state once famous for its verdant landscapes. . Rikki Held mentioned a fire that damaged power lines, leaving their ranch without power for a month, resulting in the loss of livestock as they could not pump water. She also explained that in 2021 smoke and ash from the fires enveloped the air throughout the summer, a situation that the environmental science graduate described as concerning.

“When it comes to climate action, American justice has never been more relevant”

The plaintiffs 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. On several occasions, Montana has tried to have the lawsuits dismissed on grounds of procedural flaw. But on June 6, 2023, the state Supreme Court gave the green light for the trial to begin. Across the United States, dozens of lawsuits are being filed by authorities against fossil fuel companies because of their impact on the climate. “When it comes to climate action, American justice has never been more relevant”estimates Alice Hill, a former climate adviser under the presidency of Barack Obama and member of the think tank Climate Crisis Advisory Group.