News cycles are fickle. We know this. Even so, it’s wild how quickly the historic first-ever constitutional climate trial in the US, Held v. State of Montana, has already faded from the headlines—at least until a verdict is reached. Still, the experience of listening to the testimony of the 16 youth plaintiffs from across the state suing their government for violating their right to a clean and healthful environment will stay with us forever.
Our Montana organizer Michelle Uberuaga was in Helena in mid-June for the trial and says listening to the testimony was heart wrenching. “Those of us doing this work understand the disproportionate impact of climate change for young people. It becomes very real when you hear those young people sharing their stories. In order to make their case, the plaintiffs have to demonstrate they have been harmed. And as a parent, it’s really hard to hear these kids talking about how climate change is harming them.”
The plaintiffs shared stories that are a mom’s worst fears for the future but are already happening now. One young woman described horrific floods in her community. “She was talking about sandbagging for eight hours straight. It’s sad. It sucks. We are all impacted. Climate change is no longer a theoretical thing we are trying to stop. I was an emotional wreck,” said Uberuaga.
The youth plaintiffs are represented by Our Children’s Trust, a non-profit law firm that has sued state governments on behalf of youth in all 50 states. The Montana suit stands apart as the first of these cases to go to trial. As heavy as the trial was, it’s just the beginning of this movement.
As a mom, Uberuaga says she had mixed emotions during the trial: pride but also frustration. “I’m disappointed we are at a point where it’s not without a cost to young people. It’s not fair. Young people are making huge sacrifices to stand up for climate and it’s because we haven’t done enough. Although they are incredibly powerful and capable, we can not count on kids to solve our problems,” she said.
In a few months, give or take, the world should learn how Montana decides on the relief the youth plaintiffs are seeking. Uberuaga can imagine it going several ways—a narrow ruling or one that’s more broad. Whatever happens, Held v. State of Montana is already forcing an important conversation in Montana and across the country. States cannot continue to completely ignore the impacts of climate, especially if people have a right to a clean and healthy environment in their constitution.
“It will make it a lot harder to continue to promote fossil fuels over a clean energy future. Every time Montana has a project like a new methane gas plant, then the state would be required to calculate climate impacts. Right now they are not evaluating or even considering climate change in the environmental review of new projects.”
There will likely be appeals to whatever decision is reached but the ball is rolling. “They aren’t going to be able to justify throwing our kids’ future away for the sake of shareholders or one fossil fuel project,” said Uberuaga.
GET INVOLVED
- Strengthen your Constitution: Even if you don’t live in a state where the constitution gives residents a fundamental right to a clean environment, there are ways to hold government accountable and support young people. Here are a few.
- Establish rights of nature: Reach out to Our Children’s Trust and ask them if they are planning to replicate Held v. State of Montana where you live. Hawaii has a similar constitution to Montana, it guarantees the right to a clean and healthful environment, and so a trial is already moving forward there. Other states have made green amendments to their constitutions, including New York. If your state does not, you can join the movement to push for green amendments. While it’s easier to replicate a case in a state with a green amendment, you don’t need one to sue your government on not taking action on climate.
- Support youth: Rights of nature means water, land, and wildlife have rights on par with human rights. Some countries and Indigenous communities have embedded these rights in their founding documents. Consider if it’s possible to implement these where you live. Then you could hold people in charge accountable to uphold those rights.
- Host a screen of Youth v. Gov: Be a voice for our children in your community by getting involved with youth-led movements. Youth organize in many different ways—listen and learn so we adults can best help them. This can be as simple as setting up green initiatives at local schools. This creates space for youth to talk about climate and unpack what it means for them and how they want to be engaged in creating a livable future. This groundbreaking documentary features Our Children’s Trust’s work suing governments on behalf of young people in all 50 states. Then get involved with the organization; they’re working all over the country and beyond, including in Mexico.