MT Supreme Court upholds ruling favoring youth plaintiffs in climate lawsuit

• The Montana Supreme Court has rejected Republican Gov. Greg Gianforte's attempt to block a landmark climate change ruling in the state.
• The justices upheld a district court judge's August ruling that fossil fuel development permits should only be issued after taking carbon emissions into account.
• The decision came in a lawsuit brought by 16 young plaintiffs who argue that the dire effects of climate change are already being realized.

The Montana Supreme Court has ruled against the state's Republican governor's efforts to block a landmark climate change ruling that says regulators must consider the effects of greenhouse gas emissions when issuing permits for fossil fuel development. The attempt was rejected.

In Tuesday's 5-2 decision, the justices asked Gov. Greg Gianforte and 3 to block District Court Judge Kathy Seeley's August ruling while an appeal by the state is pending in the high court. It rejected requests from two state authorities. Seeley ruled that a state law that prohibits government agencies from considering the effects of emissions violates the state constitution's requirement to “maintain and improve a clean and healthy environment.” .

Mr. Seeley had already rejected an earlier challenge by the state, arguing that he could not identify flaws in the findings or irreparable harm if the judgment went into effect.

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The majority justices said Seeley “did not act arbitrarily” in rejecting the state's motion. Two judges said they would grant the request to suspend the sentence.

The state high court's ruling means Montana officials “must immediately comply” with Seeley's order pending an appeal, said the 16 young plaintiffs who filed the lawsuit. said Mark Bellinger, an attorney with Our Children's Trust, who is representing the children.

Chris Dorrington, director of the Montana Department of Environmental Quality, said in a statement Wednesday that he was disappointed with the court's decision, but declined to say whether the agency analyzes the impact of greenhouse gas emissions when evaluating permit applications. avoided. He argued that the agency should have been given more time to respond to Seeley's ruling.

“We are committed to getting this right for the state of Montana and avoiding further costly litigation while we work towards a resolution,” Dorrington said.

The agency is working to revise the Montana Environmental Policy Act, which has prohibited officials from analyzing greenhouse gas emissions since it was amended by the state Legislature in 2023, and Northwestern Energy It is expected to benefit natural gas power plants under construction. .

Seeley said in his ruling that it will be up to the Montana Legislature to decide how to enforce the state's policy, allowing for rapid change in a fossil fuel-friendly state where Republicans hold a majority in the state Legislature. He said the chances are slim. However, the decision sets a precedent for legal challenges.

Young climate change plaintiffs filed briefs in November in support of a lawsuit filed by two environmental groups challenging the utility's power plant on the banks of the Yellowstone River near Laurel. They argued that the plant's air quality permit should be declared invalid, or at least suspended, until the state's appeal of the Seeley ruling is decided.

It's unclear how long the appeal will take. The state's opening briefs are expected to be filed by February 13, but will be put on hold until an extension is granted.

Young plaintiffs challenging the state's environmental policies argue that smoke from worsening wildfires is suffocating the air we breathe, while reduced snowpack and drought dry up rivers that support agriculture, fish, wildlife and recreation. They testified that they were already feeling the effects of climate change.

Lawyers for the state argued that fossil fuel projects in Montana emit greenhouse gases so small compared to global emissions that cutting them would have no effect on the climate.

Carbon dioxide released when fossil fuels are burned traps heat in the atmosphere and is a major cause of climate warming.

The European Climate Organization announced earlier this month that Earth will break a global heat record in 2023.

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The Department of Environmental Quality has established a working group to discuss potential changes to the way the Montana Environmental Policy Act, which requires public input on fossil fuel and mining development, operates. An amendment proposed by lawmakers last year would prohibit analysis of greenhouse gas emissions unless the federal government decides to regulate carbon dioxide as a pollutant. The working group's first meeting will take place next Monday.