A lawsuit filed by 16 children against Montana that argues the state’s continuous use of fossil fuels has contributed to the climate crisis will go to trial in June of 2023.
This will be the first children’s climate trial in US history, which will see the young plaintiffs argue how the state is violating their constitutional rights.The lawsuit, filed in March 2020, describes how children are more vulnerable to the impacts of the climate crisis, noting it ‘harms their physical and psychological health and safety, interferes with family and cultural foundations and integrity, and causes economic deprivations.’It also includes how each child has been personally impacted by the climate crisis such how wildfires pose a threat to the youngest who has respiratory issues and another whose family relies on a river for their business that has dried up in past years.The children are not looking for a lump sum of money, but, if the court rules in their favor, the group wants defendants to ‘bring the state energy system into constitutional compliance,’ the March 2020 filing states.
Montana’s lawyers have braced for a fight, and a Virginia judge recently nixed a similar case.
A spokesman for Montana Attorney General Austin Knudsen (R) called Our Children’s Trust a “special interest group that is exploiting well-intentioned kids—including a 4-year old and an 8-year old—to achieve its goal of shutting down responsible energy development in Montana.”Communications director Kyler Nerison added that “unable to implement their policies through our normal processes of representative government, these out-of-state climate activists are trying to use Montana’s liberal courts to impose their authoritarian climate agenda on us.”The trial date comes as a judge in Virginia last month rejected a similar lawsuit claiming that the state’s permitting of fossil fuels violates the rights of a group of young people by worsening the effects of climate change.That case did not make it to trial. Richmond Circuit Court Judge Clarence Jenkins Jr. ruled that under the sovereign immunity doctrine the Virginia Legislature cannot be sued for violating citizens’ rights (Climatewire, Sept. 19).
Just in case you thought this legal insanity was confined to the US, there are several child climate crusader cases worldwide.
Meanwhile, a group of children in Portugal are waiting for their case against to be heard in the European Court of Human Rights.Their case argues that governments in 33 European countries – including the UK – have not done enough to prevent the impact of climate change.More and more children are using the legal system to hold governments to account and there have been successes.The Netherlands, Colombia, and Germany are just some of the places where children and young people won their cases and new climate targets were brought in.
The file includes stories about each plaintiff that describes how the climate crisis has impacted them personally. This excerpt, for example, focuses on a 6-year old and 2-year-old.
Plaintiffs Jeffrey K. and Nathaniel (“Nate”) K. live in Montana City, Montana. Jeffrey is six years old and Nate is two years old. Jeffrey has a pulmonary sequestration. As a result, Jeffrey is uniquely susceptible to respiratory complications, such as infections.Nate also has respiratory issues and, at the age of two, is sick frequently. Nate has gone to the emergency room twice due to difficulty breathing. Both Jeffrey and Nate, given theirunique lung and health conditions, are especially vulnerable to poor air quality, such as smoke-filled air caused by wildfires.Climate disruption is increasing the length and severity of Montana’s wildfire season which poses a threat to Jeffrey and Nate’s health, especially given their young age and respiratory health conditions.As a result of Jeffrey and Nate’s unique vulnerabilities and sensitivities to poor air quality and wildfire smoke, their family has been forced to make changes in their daily activities.Jeffrey and Nate are kept indoors when the air is filled with wildfire smoke and they are unable to go hiking, camping, or participate in other outdoor activities that are central totheir lifestyle, family, and overall well-being. This is difficult because Jeffrey and Nate both enjoy playing outside and being in Montana’s beautiful natural environment.
While it is sad these children struggle, it could be argued that the root cause of the wildfires they are complaining about is poor land management practices that are based on green justice policies the adults associated with this lawsuit embrace.
I look forward to Montana’s successful defense and wish the best for the children.
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