The suit is based on Montana’s state constitution, which enshrines the right to a clean and healthful environment.
states, “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment . . .” Further, Article IX, Section 1 says, “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.”
Article IX, Section 3 provides, “All surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.” The Montana Supreme Court has construed this provision as underpinning the “Public Trust Doctrine” for water rights, including atmospheric waters, under the Montana Constitution.
On March 16, in an attempt to get the youth plaintiffs’ lawsuit thrown out, the GOP-led Montana state legislature repealed the State Energy Policy and the defendants argued that the case was then moot.
Sariel S. lives on the Flathead Indian Reservation and is a member of the Confederated Salish and Kootenai Tribes. Climate change is imperiling her culture, food sources and spiritual activities. The lack of winter snowpack from climate disruption impacts her tribe’s fishing and recreation opportunities as well as traditional ceremonies.
In the lawsuit, the youth plaintiffs claim that the defendants “have created and implemented a long-standing fossil-fuel based state energy system that contributes to dangerous climate disruption.” Ruby D. and Lilian D. are members of the Crow Tribe in Montana. Each year, they and their family travel to participate in traditional cultural and spiritual activities. The past two years have been abnormally wet, muddy and cold, making it harder to complete the dances and other events. These cultural practices “are central to their spirituality and individual dignity.” Ruby has asthma which makes her “uniquely vulnerable” to increased wildfire smoke.
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