(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Judge Rules MT's Climate Denial 'Unconstitutional On Its Face' In 'Sweeping Win' For Climate [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-08-15 Hey, what was the most impressive thing you accomplished before turning 22? Doesn't matter, because it'll never be as incredible as the 16 young people who just won the US' first constitutional climate trial, forcing the state of Montana to acknowledge the climate impacts of fossil fuel projects, for which the state has never once denied a permit. A now-overturned state law had prevented Montana’s regulators from considering climate change and greenhouse gas pollution when reviewing a project. It turns out that's depriving the state's citizens' right to enjoy the "right to a clean and healthful environment," as enshrined in the state’s constitution. According to Judge Kathy Seeley's 103-page ruling : "There is overwhelming scientific consensus that Earth is warming as a direct result of human GHG emissions, primarily from the burning of fossil fuels.” (pg. 19) "Science is unequivocal that dangerous impacts to the climate are occuring due to human activities, primarily from the extraction and burning of fossil fuels." (pg. 19) "Until atmospheric GHG concentrations are reduced, extreme weather events and other climatic events such as droughts and heatwaves will occur more frequently and in greater magnitude, and Plaintiffs will be unable to live clean and healthy lives in Montana." (pg. 24) "Every ton of fossil fuel emissions contributes to global warming and impacts to the climate and thus increases the exposure of Youth Plaintiffs to harms now and additional harms in the future." (pg. 24) This powerful language is a big deal. Climate law expert Michael Gerrard even called it "the strongest decision on climate change ever issued by any court.” Page 46 begins with the header "CLIMATE CHANGE IS ALREADY HARMING PLAINTIFFS" and notes that it is “unrefuted” that the "Plaintiffs have been and will continue to be harmed by the State's disregard of GHG pollution and climate change." And yes, the state of Montana barely put up a defense for its rule that environmental reviews can't consider climate impacts. It paid climate denier Judith Curry a pretty penny for a rebuttal of the scientific consensus on climate change, but then opted not to even introduce that testimony after it was clear it wouldn't stand up to reality. In stark contrast to the "informative and credible" witnesses presented by the plaintiffs, the testimony that the state of Montana did manage to offer "was not well-supported, contained errors, and was not given weight by the court," (pg. 66) according to Judge Seeley. Ultimately, Judge Seeley held that "Montana's climate, environment, and natural resources are unconstitutionally degraded and depleted due to the current atmospheric concentration of GHGs and climate change." (pg. 98) The specific Montana law preventing climate consideration "violates Youth Plaintiffs' right to a clean and healthful environment and is unconstitutional on its face" and "is hereby declared unconstitutional and is permanently enjoined." (pg. 102) Julia Olson, who founded Our Children’s Trust, the non-profit law firm that brought the suit, said , “In a sweeping win for our clients, the Honorable Judge Kathy Seeley declared Montana’s fossil fuel-promoting laws unconstitutional and enjoined their implementation. As fires rage in the west, fueled by fossil fuel pollution, today’s ruling in Montana is a game-changer that marks a turning point in this generation’s efforts to save the planet from the devastating effects of human-caused climate chaos.” And while Montana’s Attorney General has already said the state will appeal this decision, this case will no doubt go down in history as the first time a constitutional climate case was heard on its merits, and "Judgment is hereby found in favor of the Plaintiffs as prevailing parties." [END] --- [1] Url: https://www.dailykos.com/stories/2023/8/15/2187377/-Judge-Rules-MT-s-Climate-Denial-Unconstitutional-On-Its-Face-In-Sweeping-Win-For-Climate Published and (C) by Daily Kos Content appears here under this condition or license: Site content may be used for any purpose without permission unless otherwise specified. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/dailykos/