One big reason to feel hopeful about the future is that our youth seem to have figured out how to organize for change. After the massacre of students at Marjorie Stoneman Douglas High School in Florida, survivors organized a huge protest demanding gun control. They haven’t won so far but they are not likely to give up.
The grownups are not doing enough to address climate change, and Republicans keep insisting that climate change is a hoax.
But a group of Montana kids banded together to file a lawsuit against the state for failing to take action to reverse climate change. The Christian Science Monitor reports how they did it.
The story says:
In June 2023, the hottest June ever recorded in a summer that would break global heat records, 16 young people walked into a courthouse in Helena, Montana, and insisted that they had the right to a stable climate.
The moment was, in the United States, unprecedented.
For years, youth around the world had been suing governments – state, regional, federal – and demanding more action by policymakers to address what scientists worldwide agree is an environmental crisis directly caused by human behavior. By 2022 there had been 34 global climate cases brought on behalf of plaintiffs ages 25 and younger – part of a global climate litigation explosion, according to Columbia University’s Sabin Center for Climate Change Law.
In the courtroom that day, the young people were asking not for any financial reward, but for the government of Montana to uphold its Constitution, one of a handful in the U.S. that explicitly protects both current and future citizens’ right to a healthful environment. There was Rikki Held, the oldest of the Montana youth plaintiffs at 22, whose name was on the lawsuit and whose family’s ranch was increasingly threatened by fires and floods. There were Lander and Badge Busse, teenage brothers whose schoolmates taunted them about this case, but who’d decided they needed to be part of this lawsuit to protect the wilderness where they loved to fish and hunt. And there was Grace Gibson-Snyder, a Missoula 19-year-old. Her ancestors had come to this big-sky state in a covered wagon. But Ms. Gibson-Snyder worried about whether this land would be habitable for her own children – if she felt it were morally appropriate to have any. She wore her favorite boots to trial, for good luck.
And in some places, young people had begun to make headway. A German court in 2021, for instance, agreed with youth that the government needed to do more to reduce emissions. Colombia’s Supreme Court agreed with young plaintiffs in 2018 that officials needed to better protect the Amazon rainforest, in part because of climate concerns.
But in the U.S., the country that has sent more heat-trapping gases into the atmosphere than any other nation, young people had failed to get courts to rule in their favor.
That was about to change.
In the courtroom that day, the young people were asking not for any financial reward, but for the government of Montana to uphold its Constitution, one of a handful in the U.S. that explicitly protects both current and future citizens’ right to a healthful environment. There was Rikki Held, the oldest of the Montana youth plaintiffs at 22, whose name was on the lawsuit and whose family’s ranch was increasingly threatened by fires and floods. There were Lander and Badge Busse, teenage brothers whose schoolmates taunted them about this case, but who’d decided they needed to be part of this lawsuit to protect the wilderness where they loved to fish and hunt. And there was Grace Gibson-Snyder, a Missoula 19-year-old. Her ancestors had come to this big-sky state in a covered wagon. But Ms. Gibson-Snyder worried about whether this land would be habitable for her own children – if she felt it were morally appropriate to have any. She wore her favorite boots to trial, for good luck.
They and their fellow plaintiffs were represented by an Oregon-based law firm called Our Children’s Trust, which has helped young people across the country bring constitutional climate cases.
Opposing them was the state of Montana, represented by an attorney general whose spokesperson had called the lawsuit “outrageous” and “political theater” – a case of well-intentioned children exploited by an outside interest group.
For the better part of the next two weeks, the two sides presented their cases.
Then youth and legal experts waited anxiously for the judge’s decision. Held v. Montana, many said, was a crucial moment in what they saw as a legal transformation building around the world. Members of the Climate Generation – as we’re calling the cohort born since 1989, when the world became both climatically unstable and increasingly focused on children’s rights – were working to define what it meant to have rights as a young person. And in particular, they were working to define what it meant to have rights while looking at a future that scientists agree will be shaped by what older people have done to the atmosphere. A ruling in Montana could dramatically impact this global effort.
“The Montana case is incredibly important,” says Shaina Sadai, the Hitz fellow for litigation-relevant science at the Union of Concerned Scientists. Young people involved with climate action, she adds, “are very internationally connected. They are very much in touch with each other. … A win anywhere for any of them is a win for all of them. It’s that global youth solidarity.”
Which is why Dallin Rima, a 19-year-old plaintiff in a different climate lawsuit, turned up the radio when he heard that Montana District Judge Kathy Seeley had released her verdict.
Mr. Rima is part of a group of Utah youth who have sued their state, arguing that its promotion of fossil fuels violates their constitutional rights to life, health, and safety. He’d been following what was going on in Montana, the same way young climate plaintiffs from Oregon to the South Pacific to Portugal had been keeping track. While he knew firsthand about the challenges of the legal system, about the delays and disappointments, he had allowed himself to hope.
He was driving to his grandmother’s house outside Salt Lake City, listening to NPR, when the news came on. It was a good thing nobody else was in the car, Mr. Rima says. Because as he listened to the newscast, he began to “express himself,” as he puts it. Loudly.
The judge had ruled in the young plaintiffs’ favor. Specifically, this meant that Montana policymakers had violated the young people’s constitutional rights by ignoring the climate impacts of their energy decisions. But Mr. Rima understood that there were far broader implications.
By siding with the young Montanans, Judge Seeley explicitly connected the right to a clean environment with the right to a stable climate. She gave a judicial stamp of approval to climate science. And she proved that, in the face of what many young people see as politicians’ ineptitude in addressing climate change, the judiciary is a branch of government that might still be able to protect their futures.
“I’ve learned not to get my hopes up. But I was just shocked, ecstatic to hear that they had won,” Mr. Rima says. “It was a really powerful moment. … It feels like our work isn’t in vain.”
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