Montana’s Supreme Court Delivers a Climate Change Miracle

Landmark Ruling in Montana

Just one week before Christmas, the Montana Supreme Court handed down a historic gift to sixteen young plaintiffs in the case of Head, et al., v. State of Montana, et al., 2024 MT 300 (Mont. 2024). They ruled that Montana had violated the plaintiffs’ constitutional rights to a clean environment. This decision came in light of Montana’s disregard for the global climate change impacts resulting from greenhouse gas emissions from oil, gas, and coal projects under the Montana Environmental Procedure Act (MEPA).

Emissions Ignored in Environmental Reviews

These sixteen young plaintiffs had initiated legal action against the State of Montana, chosen state officials, and state agencies four years ago. They sought to question the constitutionality of a state law that systematically omitted greenhouse gas emissions from environmental assessments under MEPA, a measure referred to as the MEPA Limitation. Montana’s defense was that the emissions generated from fossil fuel use and exploitation within the state had a negligible impact on global climate change and, therefore, need not be factored into the state’s Constitution or MEPA.

Lower Court Sided With Plaintiffs

In 2023, however, the district court sided with the plaintiffs. The court ruled that particular sections of the Montana Constitution guaranteed a right to a clean and healthy environment and an environmental life support system. The State of Montana appealed this decision.

Surpassing Standing Hurdles

In a 6-1 decision, the first issue the Montana Supreme Court addressed was standing. The Court came to the conclusion that the claimed harm to the plaintiffs’ constitutional right to a clean environment was a concrete and specific injury sufficient to confer standing. A single Justice objected, arguing that because the MEPA Limitation was purely procedural and had not been applied to an identifiable agency action, it could not have caused the supposed harm to the plaintiffs. Such harm, he reasoned, would occur, if at all, when there was a finalized agency action.

Affirming Plaintiffs’ Rights to a Clean Environment

After upholding the plaintiffs’ standing, the Montana Supreme Court confirmed the lower court’s judgment that they indeed had a constitutional right to a clean environment. Their decision was based on the broad environmental protection language found in Montana’s constitution, which obligates the state to maintain and improve a clean and healthy environment. Therefore, the state should not overlook the impacts of greenhouse gas emissions during formal permit reviews under MEPA.

MEPA Limitation Found Unconstitutional

The court ruled that because the MEPA Limitation obstructed the consideration of greenhouse gas emissions on climate change, it was unconstitutional. In turn, this mandates that Montana must now contemplate the effects of greenhouse gas emissions on global climate change each time it issues a permit or develops a regulation concerning those emissions.

Fears over Impact on Energy Production

Advocates for policies aimed at boosting Montana’s energy production are of the opinion that this decision will unnecessarily cause delay, and in some instances even prevent fossil fuel development projects. They argue that these roadblocks will come without any identifiable benefits to global climate change.

Potential Influence on Other States

While the Head decision applies strictly to Montana, environmental groups plan to leverage this decision and its language as a strategy for impending litigation in other states. Currently, seven states have integrated language relevant to the protection of the environment into their constitutions, with some granting their citizens a guaranteed right to a clean environment, akin to Montana. These states now find themselves as probable targets for environmental groups pushing the climate change agenda.

Originally Post From https://www.jdsupra.com/legalnews/santa-s-helpers-montana-supreme-court-9624799/

Montana Supreme Court Justices Turn Santa’s Helpers Delivering a Climate Change Miracle