Back in 2023, Our Children’s Trust’s successful lawsuit against the state of Montana was one of ESG’s biggest stories. For the young plaintiffs who filed the suit, the fight continues. The Montana legislature recently passed laws limiting the power of state agencies to consider climate impacts in permitting decisions under the Montana Clean Air Act. The Montana Plaintiffs are once again challenging the state in court. The Daily Montanan quotes the lead plaintiff:
“Rikki Held, the lead plaintiffs in the lawsuits, said the young people are essentially ‘forced’ back to court because the state continues to ignore the constitution and the supreme court’s ruling recognizing the right to a stable climate.
‘In the 2025 legislative session, our state passed new laws limiting review of climate impacts and preventing state agencies from using environmental review information to deny or limit new permits for fossil fuel development,’ Held said in a press release. ‘Since these laws have been in place, 44 new fossil fuel projects have moved forward unchecked, exacerbating the harms we are already living with including wildfire smoke, precipitation variability, drought, and polluted rivers and lands.'”
The strategy used in the Montana lawsuit has been attempted elsewhere, with mixed results. In Hawaii, it resulted in a mutual settlement between the state and the plaintiffs. Federally, a similar lawsuit failed. Much of this hinges on state constitutions. Montana’s constitution ensures a right to a “clean and heathful environment.” The federal constitution has no analogous provision. The results of the new lawsuit will likely shape climate litigation at the state level moving forward.
Our members can find more information on climate litigation here.
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