2023-08-14 20:17:49
The first major climate trial, held in the United States, resulted in the victory of sixteen committed young people against the fossil fuel industry.
A Montana judge ruled in favor of young people who accused their state of violating their constitutional right to a “clean and healthy environment” by promoting the fossil fuel industry, a historic decision in the first major climate trial in the United States. The judge declared unconstitutional a Montana law prohibiting the local administration from taking into account the consequences of greenhouse gas emissions on the climate when awarding permits to fossil fuel companies.
“The plaintiffs have a fundamental constitutional right to a clean and healthy environment, which includes the climate.”
This clause of the law is therefore canceled, decided judge Kathy Seeley. “Plaintiffs have a fundamental constitutional right to a clean and healthy environment, which includes the climate,” she wrote in her more than 100-page decision. “By prohibiting analysis of greenhouse gas emissions and their impact on climate, as well as how additional greenhouse gas emissions will contribute to climate change or be consistent with Montana’s constitution” , the clause of this law “is unconstitutional”, she judged.
One of the peculiarities of this trial is that the sixteen plaintiffs, who did not seek financial compensation, are aged between 5 and 22 years old. They argue that as children and young adults, the dangerous consequences of fossil fuels and the climate crisis are particularly harmful to them.
“Huge Victory”
“For the first time in U.S. history, a court has found on the merits that a government has violated children’s constitutional rights through laws and actions promoting fossil fuels and ignoring climate change.” , reacted in a press release Julia Olson, executive director of Our Children’s Trust, one of the three associations supporting the complainants.
The trial was held in mid-June in Helena, capital of Montana (north). They then told how their health, well-being, or family finances have been disrupted. This is the first time that the constitution of an American state has been invoked in court to attack local authorities on a climate issue.
The decision could have significant consequences on future cases. Many similar lawsuits have been filed across the country, but many have been dismissed.
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