Whether a constitutional right to a healthy, livable climate is protected by state law is at the center of a lawsuit going to trial Monday in Montana, where 16 young plaintiffs and their attorneys hope to set an important legal precedent.
Plaintiff Grace Gibson-Snyder, 19, said she’s felt the impacts of the heating planet acutely as wildfires regularly shroud her hometown of Missoula in dangerous smoke and as water levels drop in area rivers.
Lawyers for Montana Attorney General Austin Knudsen, a Republican, tried repeatedly to get the case thrown out over procedural issues. In a June 6 ruling, the state Supreme Court rejected the latest attempt to dismiss it, saying justices were not inclined to intervene just days before the start of a trial that has been “literally years in the making.”
Still, such a ruling would have no direct impact on industry, said Huffman, dean emeritus at Lewis & Clark Law School in Portland, Oregon. He argued climate change could ultimately benefit Montana with longer growing seasons and the potential to produce more valuable crops. Attempts to get a similar decision at the federal level were boosted by a June 1 ruling allowing a case brought by young climate activists in Oregon to proceed to trial in U.S. District Court. That case was halted by U.S. Supreme Court Justice John Roberts on the eve of the trial in 2018.
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