MONTANA: Held v. State of Montana

Sixteen Montana youth filed a constitutional climate lawsuit against the state of Montana.

Attorneys for the youth plaintiffs presented oral arguments on the state’s motion to dismiss.

In a landmark decision, Judge Kathy Seeley ruled that the 16 youth plaintiffs could proceed to trial and denied the state’s attempt to prevent their case from moving forward.

The Attorney General for Montana filed two emergency requests on Friday, June 10 and Monday, June 13, asking the Supreme Court of Montana to take supervisory control of the case away from the trial judge, the Honorable Kathy Seeley, and to issue a stay blocking discovery just as numerous depositions of expert witnesses were scheduled to begin.

The Supreme Court of Montana denied the State’s writ of supervisory control, and related motion for stay. The Chief Justice and four Associate Justices wrote in their order that the Attorney General’s request was “…at best, disingenuous” and explained that “Supervisory control is an extraordinary remedy” used where a “gross injustice” is occurring. The court rejected the state’s arguments and ruled that the state was attempting to “manufacture urgency or emergency factors to fulfill the necessary criteria to justify a writ of supervisory control.”

Judge Kathy Seeley granted the State their request for additional time to prepare for trial in response to a motion filed by the Attorney General that claimed that the State did not have “enough time to present” its case nor “conduct the number of depositions required for this case by the current discovery deadline of July 15, 2022.”

Youth plaintiffs and their attorneys announced that their trial—the first children’s climate trial in U.S. history—will begin on Monday, June 12, 2023, at the First Judicial District Court in Helena, Montana, and will conclude Friday, June 23, 2023.

Attorneys for the youth plaintiffs presented oral arguments on the state’s motion for summary judgment and motion to partial dismiss for mootness. Defense attorneys requested Judge Kathy Seeley dismiss aspects of the case that referred to the former State Energy Policy recently repealed by the legislature. State attorneys also requested more time to prepare legal arguments concerning recent amendments to a law that allows officials to ignore greenhouse gas emissions when approving fossil-fuel projects.

An attorney for the plaintiffs, Roger Sullivan, commented that the energy policy was repealed “not because the state has committed to changing its fossil fuel policy and actions, but because the state seeks to avoid standing trial.”

Judge Kathy Seeley denied defendants’ Motion for summary judgment on all claims, finding that “factual disputes are not appropriate for disposition at summary judgment. The Court will find facts after trial.”

In a powerful moment of clarity, the court indicated that the young plaintiffs had already provided ample evidence that they were harmed by the State’s actions promoting a fossil fuel-based energy system and that harm appears to be in violation of plaintiffs fundamental right to a “clean and healthful environment” enshrined in Montana’s constitution.

This order allows all of the young plaintiffs’ constitutional claims to go to trial, including their right to equal protection under the law, the right to seek safety, health, and happiness (often referred to as substantive due process claims), and claims under the public trust doctrine.

In a 6-1 decision, the Montana Supreme Court denied the State’s writ of supervisory control, which was filed Monday, June 5, in a final effort by Defendants to avoid trial.

As the Supreme Court noted in its decision: “In this case, the State has provided no reason why the District Court’s ruling cannot be reviewed on appeal, if necessary, pursuant to Rule 6(1). Moreover, trial, with preparation literally years in the making, is set to commence less than a week from now; we are not inclined to disturb the District Court’s schedule at this juncture.”

Despite the state’s last-ditch effort, this first-of-its-kind trial will kick off on June 12, 2023, in Helena, Montana.

Over seven days at the First Judicial District Court in Helena, Montana, Judge Kathy Seeley heard from world-renowned experts for the youth plaintiffs on how Montana is experiencing the effects of climate change, how climate change disproportionately impacts the physical and mental health of youth, how Montana’s government has for decades been actively exacerbating the climate crisis in their state, how Montana’s greenhouse gas emissions are substantial and make the climate emergency worse, and more.

The court also heard from the youth plaintiffs themselves, who took the stand to share the devastating ways they have each been impacted by the climate crisis, the ways in which they and their beloved Montana are being harmed by the actions of their own government, and what they need from the court and the state to rectify these harms.

The state of Montana called three witnesses: Christopher Dorrington, Director of the Montana Department of Environmental Quality (DEQ); Sonja Nowakowski, Administrator for the Air, Energy, and Mining Division at Montana DEQ; and Dr. Terry Anderson, an economist and senior fellow at the Hoover Institution at Stanford University, and emeritus professor at Montana State University.

Attorneys for the youth plaintiffs filed their proposed Findings of Fact and Conclusions of Law.

The filing outlines the factual findings plaintiffs believe the Court should make in the final order based on the testimony presented at trial from the youth plaintiffs and their experts. The filing also includes proposed legal conclusions that result from the facts established at trial, and details why plaintiffs’ constitutional rights to a clean and healthful environment, to public trust resources, to equal protection, to individual dignity, to physical liberty, and to safety, health, and happiness have all been violated by defendants’ conduct to promote fossil fuels activities while deliberately ignoring the impacts to the climate and Montana’s youth.

In an historic first, Judge Kathy Seeley in the First Judicial District Court of Montana ruled wholly in favor of the 16 youth plaintiffs in Held v. State of Montana, declaring that the state of Montana violated the youth’s constitutional rights, including their rights to equal protection, dignity, liberty, health and safety, and public trust, which are all predicated on their right to a clean and healthful environment.

The court invalidated as unconstitutional and enjoined Montana laws that promoted fossil fuels and required turning a blind eye to climate change. The court ruled the youth plaintiffs had proven their standing to bring the case by showing significant injuries, the government’s substantial role in causing them, and that a judgment in their favor would change the government’s conduct.

Defendants file an appeal, requesting the Montana Supreme Court to reconsider Judge Kathy Seeley’s ruling in favor of the youth plaintiffs at the First Judicial Court of Montana.

In an attempt to put Judge Kathy Seeley’s ruling on hold while the Supreme Court considers the merits of the State’s appeal, the defendants file a request to stay.

Judge Kathy Seeley denies the State’s request for a stay.

After the State’s request to stay Judge Kathy Seeley’s August 14 ruling was denied, the State requests the Montana Supreme Court stay the decision while the parties prepared for the appeal.

The Montana Supreme Court denies the request by the Department of Environmental Quality, Department of Natural Resources and Conservation, and Montana Governor’s Office to stay Judge Kathy Seeley’s August 14 ruling.

Attorneys for the youth plaintiffs filed their Answer brief in response to the State’s appeal to the Montana Supreme Court.

In response to the State of Montana’s appeal to the Montana Supreme Court, Montana Supreme Court justices, the ACLU, public health experts, doctors, children’s rights advocates, legal scholars, Tribal Nations, outdoor businesses including Patagonia, the Montana Trial Lawyers Association, elite athletes, faith organizations and others have filed a total of 11 amicus briefs to the Montana Supreme Court in support of the youth plaintiffs.

In their briefs, the organizations and individuals underscore the importance of Judge Kathy Seeley’s landmark ruling amidst the urgency of the climate crisis, highlighting the impacts on human health and recreational activities as well as the deep cultural significance of Montana’s wildlife and natural environment to tribal nations.

Oral arguments took place at the Montana Supreme Court in Helena.

In a packed courtroom, counsel for the plaintiffs argued to uphold the August 2023 ruling in favor of the plaintiffs from District Court Judge Kathy Seeley declaring that the state of Montana’s laws, policies, and actions promoting fossil fuels extraction violate young people’s constitutional rights to a clean and healthful environment, including a livable climate.