Montana high court rejects gov's request to block first successful climate suit in the country

The Montana Supreme Court denied a request from Republican Gov. Greg Gianforte to block a climate change ruling while the state appeals the case.

The case involved 16 young plaintiffs who allege they are being harmed by climate change and by the state for its permitting fossil fuel projects, violating the Montana constitutional right to a “clean and healthful environment.”

The plaintiffs are being represented by Our Children’s Trust, an anti-fossil fuel nonprofit that coordinates young people from across the country to sue government agencies for allowing fossil fuel production.

The group, which had $2.3 million in revenues in 2022 according to their tax filing, has been accused of frightening kids with unscientific claims about climate change.

There are dozens of similar cases winding through the courts, many of them brought by local and state governments against oil companies and industry groups.

Critics have argued the cases are using the court system to push anti-fossil fuel policies without going through a legislative process in which elected lawmakers would decide the policies’ merits according to their constituents' input.

The case in Montana was one of the first to go to trial. And in August, District Judge Judge Kathy Seely ruled in favor of the plaintiffs.

The ruling is regarded as the first major climate litigation victory in the country.

Must comply

In a 5-2 decision Tuesday, according to Fox News, the state’s high court rejected the request from Gianforte and three state agencies to block Seeley’s ruling while the state appeal is pending before the high court.

Tuesday’s decision means that Montana officials must comply with Seeley’s order and begin factoring in the impact of climate change when permitting fossil fuel projects in the state.

Seeley said in her ruling, Fox reported, that it’s up to the Montana legislature to decide how to bring the state’s policies into compliance, but in a state dominated by pro-fossil fuel Republican lawmakers, it’s not clear how much the case will impact the Montana’s fossil fuel industries, which includes oil, gas and coal production.

However, the case may set a legal precedent for the cases that are coming down the pipeline.

Climate circus

Climate scientist Dr. Judith Curry, president and co-owner of Climate Forecast Application Network, had been originally scheduled to testify as an expert witness in the state’s defense in the original case, Held v. Montana. The state decided not to call her.

Her written expert report disputes numerous assertions the plaintiffs made in claiming that they were harmed from climate change driven by fossil fuels, and she provides a rebuttal to the feasibility of 100% renewable energy.

Prior to Seeley’s ruling, Curry explained in a blog post that she was relieved to have not been called to testify as she was critical of the way the state handled the case.

“I can see that all of this would have turned the hearing into a three-ring climate circus, and at the end of all that I might not have managed to get my important points across, since I am only allowed to respond to questions,” she said.

According to Fox, the state’s opening brief in its appeal is due by Feb. 13, unless that’s extended. It’s not known how long before the Montana Supreme Court makes a final ruling