Eleven of the 16 youth plaintiffs in the Held v. Montana case pose for a photo after Day 5 of the trial on Friday, June 16, 2023. Top row (left to right): Lander Busse, Badge Busse, Grace, Rikki Held, Olivia. Bottom row (left to right): Kian, Mica, Claire, Eva, Taleah, Sariel. (Photo by Blair Miller, Daily Montanan)
By Blair Miller, Daily Montanan, August 14, 2023
The State of Montana’sfailure to consider greenhouse gas emissions from energy and mining projects violates the state constitution because it does not protect Montanans’ right to a clean and healthful environment and the state’s natural resources from unreasonable depletion, a judge ruled Monday ina victory for 16 youth plaintiffs who sued the state.
Lewis and Clark County District Court Judge Kathy Seeleysided with the young plaintiffs in her decision in theHeld v. Montana trial, striking down as unconstitutional the so-called “limitation” to the Montana Environmental Policy Act, which was amended by the legislature this year, as well as another portion of law surrounding greenhouse gas emissions that was changed this past session.
Seeley permanently enjoined the 2023 version of the MEPA limitation, passed via House Bill 971 more than halfway through the session, as well as a portion of Senate Bill 557, saying both were unconstitutional and the latter “removes the only preventative, equitable relief available to the public and MEPA litigants.”
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