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Held v. Montana

Held v. State of Montana
CourtFirst Judicial District Court, Lewis and Clark County, Helena[1]
Full case nameHeld et al. v. State of Montana, Governor Steve Bullock, Montana Department of Environmental Quality, Montana Department of Natural Resources and Conservation, Montana Department of Transportation, and Montana Public Service Commission
Court membership
Judge(s) sittingKathy Seeley[2]

Held v. Montana is a constitutional court case in the State of Montana regarding the right to a "clean and healthful environment in Montana for present and future generations"[3]:Art. IX, § 1 as required by the Constitution of Montana.[4][5] The case was filed in March 2020 by Our Children's Trust on behalf of sixteen youth residents of Montana, then aged 2 through 18.[6][7] On June 12, 2023, the case became the first climate-related constitutional lawsuit to go to trial in the United States.[4][5]

The plaintiffs argued that the state's support of the fossil fuel industry had worsened the effects of climate change on their lives, thus depriving them of their constitutional rights.[4][5] More specifically, the plaintiffs challenged a provision in the Montana Environmental Policy Act (MEPA) that prohibited the state from considering greenhouse gas emissions as a factor when deciding whether to issue permits for energy-related projects.[8][9][Note 1]

In its defense, the state claimed that regulators were simply following state law[10] and argued that any of Montana's contributions to climate change would need to be addressed through the Montana legislature.[11] The defense called the plaintiffs' case an "airing of political grievances" that is not actionable in court.[9][11]

Our Children's Trust, plaintiffs in the case, proceeding to the Helena courthouse

On August 14, 2023, Lewis and Clark County District Court Judge Kathy Seeley ruled in favor of the plaintiffs that the limitations on considering environmental factors when deciding oil and gas permits violated the right to a safe environment recited in Montana’s constitution.[12]

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  2. ^ Cite error: The named reference LeMonde_20230613 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference MontanaConstitution was invoked but never defined (see the help page).
  4. ^ a b c Cite error: The named reference Guardian_20230612 was invoked but never defined (see the help page).
  5. ^ a b c Cite error: The named reference NYTimes_20230324 was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference Guardian_20220413 was invoked but never defined (see the help page).
  7. ^ Cite error: The named reference Guardian_20230612B was invoked but never defined (see the help page).
  8. ^ Cite error: The named reference DailyMontanan_20230619 was invoked but never defined (see the help page).
  9. ^ a b Cite error: The named reference Guardian_20230620 was invoked but never defined (see the help page).
  10. ^ Cite error: The named reference APnews_20230619 was invoked but never defined (see the help page).
  11. ^ a b Cite error: The named reference InsideClimateNews_20230628 was invoked but never defined (see the help page).
  12. ^ Hijazi, Jennifer (August 14, 2023). "Montana Youth Climate Activists Get Historic Win in State Case". Bloomberg Law. Retrieved August 14, 2023.


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