HELENA, Mont. — A two-week trial over state government obligations to protect people against climate change began Monday in Montana, where a group of youth say they’re already being harmed as wildfires get worse, streams dry up and mountain glaciers melt away.
The 16 plaintiffs, supported by a parade of climate experts, are trying to persuade a judge that the state’s allegiance to fossil fuel development endangers their health and livelihoods and those of future generations.
Plaintiffs attorney Roger Sullivan said in his opening arguments that Montana has a constitutional obligation to protect residents from climate change. Experts say the case in state court could set legal precedent but isn’t likely to make immediate changes to policy in fossil fuel-friendly Montana.
Montana Assistant Attorney General Michael Russell said in response that climate change was a global issue and the harms alleged by the young plaintiffs can’t be traced back to specific actions by state officials.
Environmentalists have called the bench trial a turning point because similar suits in nearly every state have already been dismissed. A favorable decision could add to a handful of rulings globally that have declared governments have a duty to protect citizens from climate change.
One reason the case may have made it so far in Montana is the state’s constitutional requirement that government “maintain and improve a clean and healthful environment.” Only a few states, including Pennsylvania, Massachusetts and New York, have similar environmental protections in their constitutions.
The plaintiffs criticize state officials for their alleged failure to curb planet-warming emissions while Montana pursued oil, gas and coal development that provides jobs, tax revenue and helps meet the energy needs of people in Montana and elsewhere.
The plaintiffs cite smoke from worsening wildfires choking the air they breathe; drought drying rivers that sustain agriculture, fish, wildlife and recreation; along with reduced snowpack and shortened winter recreation seasons.
Experts for the state are expected to counter that climate extremes have existed for centuries and that Montana makes “minuscule” contributions to global greenhouse gas emissions.
Carbon dioxide, which is released when fossil fuels are burned, traps heat in the atmosphere and is largely responsible for the warming of the climate. Carbon dioxide levels in the air this spring reached the highest levels they’ve been in over 4 million years, the National Oceanic Atmospheric Administration said earlier this month. Greenhouse gas emissions also reached a record last year, according to the International Energy Agency.
In the three years since the lawsuit was filed, the scope of the case has been narrowed to whether Montana’s Environmental Policy Act - which requires state agencies to balance the health of the environment against resource development - is unconstitutional because it does not require officials to consider greenhouse gas emissions or their climate impacts.
Judge Kathy Seeley has said she could rule that the state’s climate change exception in its environmental law is at odds with its constitution, but she can’t tell the legislature what to do to remedy the violation.
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Brown reported from Billings, Mont.
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