Montana Supreme Court Hears Climate Change Case Appeal

The Montana Supreme Court heard oral arguments in the Held v. Montana case, an appeal following a landmark ruling by Lewis and Clark County District Court Judge Kathy Seeley. Last August, Seeley declared two laws unconstitutional for limiting the Montana Environmental Policy Act (MEPA) by prohibiting the state from considering greenhouse gas emissions in permitting processes. The plaintiffs, 16 Montana youth, argue that the state’s environmental policies fail to protect their constitutional right to a clean and healthful environment.
During the hearing, state attorneys contended that climate change is a global issue beyond Montana’s sole capacity to resolve, suggesting that MEPA’s limitations should stand. In contrast, the plaintiffs’ attorney, Roger Sullivan, emphasized the ongoing climate crisis and the necessity for the state to consider environmental impacts in its permitting decisions. Justices questioned both sides about the scope of the previous ruling and whether the state must or could consider emissions and climate impacts.
The case has broader implications, potentially affecting future environmental policies and permitting processes in Montana. The court’s decision will likely influence ongoing debates about state responsibilities in addressing climate change and safeguarding environmental rights.