20 Questions about Climate Change
What is the Montana Youth Trial?
In 2023, sixteen young Montanans sued the state for a violation of constitutional rights due to our energy policy promoting fossil fuels.
Held v. Montana established a national precedent regarding our rights to a "clean and healthful environment." It was the first climate change lawsuit to go to trial and to have a successful verdict.
The plaintiffs were Rikki Held, Lander B., Badge B., Sariel S., Kian T., Georgianna F., Kathryn Grace G., Eva L., Mika K., Olivia V., Jeffrey K., Nathaniel K., Claire V., Ruby D., Lilian D. and Taleah H. They were collectively concerned about climate change and requested revisions on state energy policy and permitting.
Various experts offered testimony in Helena in June, 2023. We reference some of Micah Drew’s reporting from the Flathead Beacon, which provided daily updates throughout the seven day trial1:
Rikki Held, after whom the case was named, shared her experience of growing up on a ranch in Broadus, Montana, seeing firsthand the impact of climate change. She witnessed drought, flood events and wildland fires - all affecting the livelihood of her family.
Held and the other plaintiffs were collectively concerned about how climate change would affect their futures, and requested the state to consider it when making energy resolutions. Expert testimonies supported Held, backing up the perspective that climate change has a lasting effect on young people in particular.
Dr. Lori Byron, a pediatrician in Crow Agency, testified on the health aspects of climate change, outlining how young people are more prone to negative reactions to environmental stress factors - pollution, extreme heat, etc. - due to their higher basal metabolic and respiratory rates. Byron added that poor air quality from wildfires worsens asthma, leukemia and juvenile idiopathic arthritis.
Additionally, psychiatrist Lise Van Susteren of the Climate Psychiatry Alliance addressed the mental health impact of climate change on youth, notably the difficulty of living with uncertainty. She referenced a 2017 American Psychological Association report, which states that the developmental potential and trajectory of a child may be impacted - possibly with permanent effects - due to climate anxiety.
As the youth at trial represented some of Montana’s diversity, plaintiff Sariel S., a member of the Bitterroot Salish, Upper Pend d’Oreille and Diné Tribes, helped spotlight the Indigenous voice.
"The way we identify ourselves as Salish people, sqelixw, the root word translates to ‘flesh and land,’" Sariel said. "That really shows the importance in our role as human beings and our connection to the land and the natural environment."
Montana’s higher education institutions also presented at the trial; professors from both the University of Montana and the Montana State University testified.
Steve Running, retired UM professor emeritus, advised, "As long as we keep emitting fossil fuels, it will keep getting worse. I think Montana, and really anywhere else, needs to stop burning fossil fuels."
Cathy Whitlock from MSU noted that our state’s continued investment in the fossil fuels market is misaligned with the need to reduce global emissions. She added, "Montana’s warming rate exceeds the national average due to the state’s high elevation, northern latitude and distance from the ocean."
As Montana’s energy policy has climate impact beyond our borders, testimony from Mark Jacobson, the director of Stanford University’s Atmosphere/Energy Program, outlined how Montana can decarbonize its energy grid. "Montana has more than enough renewable energy — wind in particular — to provide for its energy needs… only Alaska and Texas have a stronger wind energy resource than Montana." Jacobson noted that, with the increase in utilization, renewables are actually less expensive for consumers than coal and gas-fired power.
The trial ran June 12-20, 2023, and on August 17, Honorable Judge Kathy Seeley delivered a verdict favoring the youth plaintiffs. She noted the overwhelming scientific evidence supporting climate change2 and that Montana’s contribution is significant. She wrote, "A transition to renewable energy is economically feasible and technologically available to employ in Montana," and that it will "create jobs, reduce air pollution, and save lives and costs associated with air pollution."
The State of Montana has since appealed the case, which routes it to the Montana Supreme Court, anticipated for this summer.
Twenty Questions is a series by Heidi Harting-Rex, a Choteau resident and avid climate change reader, and Rosie Ferguson, a graduate of the University of Montana Journalism School with a minor in Climate Change Studies. They both are active in the Bob Marshall Wilderness Area.
All images copyright John Moore.