Held v. Montana: The First US Climate Change Trial on Violation of Constitutional Rights to a Clean Environment

2023-06-13 02:00:00

A dozen young Americans had sued the state of Montana, accusing it of violating their constitutional right to a “clean and healthy environment”.

This first trial related to climate change in the United States opened on June 12, following a dozen young people sued the Northwestern state, accusing it of violating their constitutional right to a “ clean and healthy environment ».

The case, named ” Held v. Montana is being scrutinized by all, as its outcome might support other lawsuits across the country, targeting both the fossil fuel industry and the authorities.

The 16 plaintiffs, aged 5 to 22, say the “dangerous effects of fossil fuels and the climate crisis” have harmed them, with children “singularly vulnerable” to these effects which are only getting worse.

« Young people like me understand what’s at stake “Explains Grace Gibson-Snyder, 19, in a press release from Our Children’s Trust, one of the associations representing the plaintiffs in this trial.

« We understand that we only have a short time to get out of fossil fuels to ensure a secure future for us and our children. “, she adds.

The trial is being held in Helena, the capital of Montana, and is scheduled to run through June 23. At the heart of the debates, an article of the local constitution stipulates that “ the state and everyone must maintain and improve a clean and healthy environment in Montana for present and future generations ».

The plaintiffs are not asking for any compensation, but want a written statement that their rights are being infringed. This should be a first step towards legislative action.

Authorities in Montana attempted to have the charges dismissed on grounds of procedural flaw. But on June 6, the state Supreme Court authorized the procedure for the trial to begin.

Across the United States, dozens of lawsuits are being filed by authorities once morest fossil fuel companies over their impact on the climate. ” When it comes to climate action, American justice has never been more relevant “, Estimated to Agence France Presse, Alice Hill, a former climate adviser under the presidency of Barack Obama and member of the think tank Climate Crisis Advisory Group.

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