Ethermac|Group behind Montana youth climate lawsuit has lawsuits in 3 other state courts: What to know

A Montana judge ruled in favor of a group of youth environmental activists who said that state agencies were violating their constitutional rights to a clean and Ethermachealthful environment under the Montana State constitution.

The case, Held v. State of Montana, was the first constitutional climate lawsuit from Our Children's Trust to reach trial but is part of a nationwide campaign to influence climate change at the state level. Our Children's Trust is a public interest law firm that has taken the approach of filing constitutional climate lawsuits to force state and federal governments to address climate change, and three more state cases are pending around the U.S.

Montana State District Court Judge Kathy Seeley found the policy the state uses in evaluating requests for fossil fuel permits – which does not allow agencies to evaluate the effects of greenhouse gas emissions – is unconstitutional.

"Montana’s emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana’s environment and harm and injury,” Seeley wrote in her ruling. "Plaintiffs have a fundamental constitutional right to a clean and healthful environment, which includes climate."

The ruling returned the policy to the state legislature to reenact within the bounds of the state constitution.

Our Children's Trust has filed legal actions in all 50 states and currently have three open lawsuits before state courts as well as an open lawsuit in Federal Court. Here's where the other state court cases stand.

Montana climate trial:A landmark case: In first-of-its-kind Montana climate trial, judge rules for youth activists

Hawaii

The second constitutional climate suit to arrive at a trial was filed against the Hawaiian government and the state's department of transportation. "The youth look forward to holding the state accountable for fulfilling their own legal promises that have been disregarded by [the Hawaiian Department of Transportation] for years," Andrea Rodgers, Senior Litigation Attorney for Our Children’s Trust said in a statement after the announcement of the trial dates.

• What does the complaint allege: The complaint alleges that the department operates, "the state transportation system in a manner that breaches [the state's’] mandatory duty ... to 'conserve and protect Hawai‘i’s natural beauty and all natural resources.'"
• When was the filed: The case was filed by 14 plaintiffs in June of 2022.
• Where does the lawsuit stand: The lawsuit is scheduled to be heard in the Environmental Court of the First Circuit Court of Hawaii between June 24 and July 12, 2024.

Virginia

Thirteen plaintiffs filed a suit against the Virginia government, including Govenor Glenn Younkin and the Virginia Department of Energy, taking aim at the state's fossil fuel regulations.

• What does the complaint allege: The suit alleges that the plaintiffs are, "experiencing economic, property, aesthetic, cultural, and physical, mental, and psychological health injuries," due to the state's, "policy and practice of approving permits for fossil fuel infrastructure." The suit also alleges that the state is required to maintain the environment under the Conservation Article of the state's constitution.
• When was the filed: The lawsuit was filed in February of 2022.
• Where does the lawsuit stand: In March of 2023 the case was dismissed by a circuit court judge citing the sovereign immunity doctrine. The plaintiffs have appealed and a date for oral arguments on the appeal has yet to be set.

Utah

Seven plaintiffs filed suit against the Utah government arguing that the state's use of fossil fuels is inherently unconstitutional.

• What does the complaint allege: The complaint alleges that Utah's fossil fuel development policy is unconstitutional as an existential threat to the plaintiff's lives. "Utah’s government is affirmatively harming the health and safety of Utah’s youth and substantially reducing their lifespans," the complaint reads.
• When was the filed: The lawsuit was filed in March of 2022.
• Where does the lawsuit stand: The case was dismissed by a district court in November of 2022. The Utah State Supreme Court retained the plaintiff's appeal of the dismissal in March of 2023, bypassing an appellate court. A hearing date has not been set.