NEPA

Held v. Montana Ruling Sides with Youth in Landmark Climate Case

Issue: 

In a landmark decision, brought on by a lawsuit filed against the state of Montana, Judge Kathy Seeley (pictured) has ruled in favor of a group of youth plaintiffs claiming the state violated their constitutional right to a 'clean and healthful environment' by prohibiting consideration under Montana's Environmental Protection Act (MEPA) of emissions and climate impacts when permitting fossil fuel projects. The lawsuit, which was filed three years ago by plaintiffs ranging in age from 5 to 22, could have nationwide impacts with the law firm that represented the youth due back in court next year against the state of Hawaii, which, like Montana, guarantees citizens a constitutional right to a quality environment.