August 14, 2023
WASHINGTON, DC — In a landmark climate litigation case, a Montana state court ruled today in favor of youth plaintiffs who alleged the state violated their right to a “clean and healthful environment” by allowing fossil fuel development without considering its effect on the climate.
The trial was the first of its kind in the US, relying on Montana’s constitutional guarantee of the right to a clean and healthful environment. The court found that a state policy prohibiting consideration of fossil fuel projects’ greenhouse gas (GHG) emissions violated that fundamental right. The victory has the potential to influence the rising tide of climate litigation cases in the US and around the world. It sets an important precedent regarding judicial enforcement of the global right to a healthy environment, which is already legally recognized in the vast majority of countries.
The Center for International Environmental Law (CIEL) released the following statements:
Nikki Reisch, Director of CIEL’s Climate & Energy Program:
“This decision is a historic win for the growing movement to hold governments accountable not just for failing to act on climate change but for contributing to climate-induced harms by supporting fossil fuel production and use. The ruling makes clear that governments cannot simply sweep the reality of fossil-fueled climate destruction under the rug by ignoring the impacts of the oil, gas, and coal projects they promote and permit. Nor can they pass the buck or shirk their duty to protect the right to a healthy environment. This court didn’t buy the defendants’ attempt to minimize their role in the climate crisis. Neither should other courts. Climate change is a collective and cumulative problem, and as this court recognized, every additional ton of fossil fuel emissions exacerbates harms to present and future generations. Decisions like this underscore why continuing to approve fossil fuel activities cannot be squared with human rights obligations.”
Sébastien Duyck, Senior Attorney and Human Rights & Climate Campaign Manager, CIEL’s Climate & Energy Program:
“This decision reaffirms that it is indeed the role of the judiciary to hold the government accountable with regards to its duty to protect the right of present and future generations to a clean and healthful environment — including through adequate climate action. As the United Nations and the overwhelming majority of countries have also recognized the human right to a clean, healthy, and sustainable environment, this case provides a powerful precedent that could have implications for other pending judicial decisions across a wide range of jurisdictions.”
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Press contact: Lani Furbank, Communications Campaign Specialist | press@ciel.org