Held v. Montana
The first constitutional climate trial in the United States, won by sixteen young people in 2023 and upheld by the Montana Supreme Court in December 2024.
Where federal law closes the door, as in Juliana, some state constitutions open it: Montana's has guaranteed a clean and healthful environment since 1972. Sixteen young people argued that a law barring state agencies from considering climate effects in their permits violated that right. The trial court agreed after a trial on the merits, and the state Supreme Court confirmed that the right includes a stable climate system, striking down two statutory provisions. For transition risk, the case shows that fossil fuel projects can face judicial review state by state in the United States. It triggered an immediate legislative reaction in Montana.
The district court ruled for the plaintiffs on August 14, 2023; on December 18, 2024, the Montana Supreme Court upheld the decision by six votes to one, in an opinion written by Chief Justice McGrath.
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