In March 2020, 16 young people from across the state of Montana filed a constitutional climate lawsuit against their own state government.

Ms. Ellingson was the youngest delegate at the time of the 1972 Montana Constitutional Convention. She told the judge that, at the time, Montana was the only state that had a constitutionally-enshrined right to a clean and healthful climate, but now Montana’s climate is “neither clean nor healthful.”

Dr. Running described the current climate destabilization caused by anthropogenic greenhouse gas (GHG) emissions and the need to reduce atmospheric concentration of CO2 to 350 ppm to stabilize the climate system. Dr. Running explained how climate impacts are harmful for the youth plaintiffs and that the severity of their injuries would only get worse if Montana’s reliance on fossil fuels continues. Earth’s energy imbalance, he said, would become much worse by the end of the century, during the plaintiffs’ lifetimes.

Next up was plaintiff Mica K., who spoke of his love for outdoor activities, especially running. He was recently diagnosed with asthma and is especially vulnerable to wildfire smoke. “I hope people try to make a difference and I hope the state of Montana can change its ways on fossil fuels,” he said.

Following Mica was another expert, Dr. Dan Fagre, a 30-year employee of the Department of Interior. Dr. Fagre spoke about Glacier National Park, and the melting of glaciers in the park due to climate change. He explained that Montana’s glaciers have existed for 7,000 years, yet many would be gone within the plaintiffs’ lifetimes.

When Dr. Fagre’s testimony concluded, plaintiff Badge B. took the stand. Badge shared his love for Montana’s beauty and how he enjoys rafting, hunting, fishing, and hiking. He described wildfires threatening his family’s home, and how wildfire smoke means not being able to go outside. He called dealing with climate change “a now or never situation.”

Next up was Shane Doyle, testifying on behalf of his daughters (and youth plaintiffs) Ruby and Lilian. Mr. Doyle is an expert in Indigenous issues, an enrolled member of the Crow Tribe who holds a master’s degree in Native American studies from Montana State University. Mr. Doyle described the Crow Fair, an annual week-long gathering of the Crow Tribe which has occurred every August for over a century. It’s long been an important cultural event for Mr. Doyle and his daughters, but over the last several years the weather has become hotter and hotter, with temperatures reaching over 100ºF, as well as torrential downpours. He described how extreme weather has impeded Crow Fair, with events being canceled or abandoned due to heat.

Mr. Doyle was followed by Michael Durglo, Jr., head of the Confederated Salish and Kootenai Tribes’ Tribal Historic Department. He provided additional testimony on the impact of the climate crisis on Indigenous communities. “As the climate has changed, the times for traditional practices have changed,” Mr. Durglo said. “There is a spiritual impact. All those non-human relatives that we rely on to feed us, to mend us as medicines – they all have a spiritual significance.”

The first plaintiff testimony of the day came from Sariel S., a member of the Confederated Salish and Kootenai Tribes. Sariel S. learned about the science behind climate change in high school, including how greenhouse gases are breaking down the ozone layer. Sariel S. experienced firsthand the effects of wildfire and wildfire smoke. “It is really scary seeing what you love disappear before your eyes,” she said. “This case is important.”

After Sariel S., the court heard from Dr. Jack Stanford, retired director of the Flathead Lake Biological Station. Dr. Stanford discussed the impacts of climate change on Montana’s freshwater ecosystems and the connectivity of climate, hydrology, geomorphology, and ecology in those ecosystems. When asked to comment on how climate change affects freshwater ecosystems: “It’s already happening, it’s a fact, not only for our plaintiffs, but for all of us.”

Plaintiff Taleah H. was next to provide testimony, noting that as she grew older, she noticed that wildfires and smoke have become much more pervasive. She was employed training and caring for horses, but due to smoky conditions, her work was limited, causing her loss of income.

The next witness was Anne Hedges, Director of Policy and Legislative Affairs at the Montana Environmental Information Center (MEIC). She provided testimony on the actions of the state government to authorize fossil fuel activities, describing the state’s knowledge of the dangers posed by fossil fuels and climate change, as well as specific state policies prohibiting the consideration of greenhouse gases in environmental reviews. “If this court declared these anti-climate change analysis laws unconstitutional, it would make a profound difference to mitigate the harm of greenhouse gas emissions,” she said. Asked whether the state had ever denied a permit for a fossil fuel-related project, she responded: “Not to my knowledge.”

Plaintiff Claire V., testified in the afternoon. Asked what winning this lawsuit would mean to her, she said it would be an affirmation that the legal system works the way it’s supposed to. In describing some of her own experiences with climate change, Claire said, “When I think about summer, I think about smoke. It sounds like a dystopian movie, but it’s real life.” She said she found the prospect of a smoke-free summer unimaginable.

The first witness of the day was Mark Jacobson, Director of the Atmosphere/Energy program at Stanford University. Dr. Jacobson described the technological and economical feasibility to transition Montana off of fossil fuels by 2050 and supply its energy needs via water, wind, and solar (WWS). The primary barrier, he stated, was the lack of government direction to move energy policy towards WWS, as well as current government policies that continue to favor a fossil fuel-based energy system.

The next witness was plaintiff Olivia V., who shared some of her artwork incorporating climate change as a major theme, including a piece called “Gaia” about the despair climate change makes her feel. She also described what it was like experiencing asthma and severe allergies during the smoky summer months when she often doesn’t go outside due to debilitating symptoms like swelling and redness. “The state of Montana has an obligation to uphold our right to a clean and healthful environment,” she said. “I know they have the power to do this. I know it.”

Following Olivia, Dr. Lise Van Susteren, a psychiatrist and expert on how the climate crisis affects the physical and mental health of youth, took the stand. She described how children are more susceptible to the impacts of climate change due to unique characteristics like their dependency on adults, their brains and bodies still not being fully developed, and an increased exposure and cumulative toll of trauma. “The kids have told you this week very compellingly how their world is different,” she said. “They are very aware of something called intergenerational injustices. Their world is spinning out of their control and they have first-hand experience.”