Historic Montana youth climate lawsuit upheld by state Supreme Court
A youth-led climate lawsuit won another historic decision today, with the Montana Supreme Court upholding a 2023 ruling that the state must consider climate change and environmental protections in the approval process for new energy projects.
It’s the first youth-led climate lawsuit to have this level of success in the US, possibly setting precedent for others around the country.
The lawsuit, Held v. Montana, was brought by 16 Montana plaintiffs between ages 5-22, and supported by Our Children’s Trust, a law firm representing youth climate lawsuits across the country.
At issue was the Montana Environmental Policy Act (MEPA), signed by Montana Governor (and violent criminal) Greg Gianforte. MEPA explicitly disallows consideration of environmental factors in the approval process for oil and gas permits. The youth argued that this law violated their rights under the Montana state constitution, which guarantees the right to “a clean and healthful environment in Montana for present and future generations.”
Judge Kathy Seeley of the First Judicial District Court of Montana first ruled in favor of the youth in 2023, holding that greenhouse gases cause significant harm to the plaintiffs, and invalidating the Montana law that stops environmental review as “unconstitutional on its face.”
The state then appealed the decision, with the support of fossil fuel companies, despite the unequivocal clarity in the Montana constitution’s guarantee of a clean and healthful environment. The Montana Attorney General’s office falsely said that Montana, home of the largest coal reserves in the US and one of the highest rates of emissions per capita in the country, can have “no meaningful impact” on the climate. This is incorrect, as coal is the dirtiest fuel humans use for power, and Montana’s emissions per capita are roughly 4x as high as California’s.
And today, the Supreme Court ruled to uphold Judge Seeley’s decision, by a 6-1 margin. So it wasn’t even close. The state’s Constitution, which explicitly calls for a healthful environment, really does require the state to aim for a healthy environment, according to the Court.
The 2023 ruling was the first ruling in favor of a youth-led climate lawsuit in the US, several of which have been proceeding through state and federal courts in recent years. In 2024, Hawaii youth won a settlement that will lead to transformation of the state’s transportation system to achieve zero emission operation for all ground transport and inter-island sea and air transport by 2045.
Some other lawsuits, though, have been prematurely dismissed by courts.
The most notable example is Juliana v. US, which argues that the federal government has violated the due process clause in depriving these youth of their rights to life, liberty, and property through environmental degradation.
This lawsuit was blocked by the 9th District Court in California in 2020 in a split 2-1 decision, ruling on the ridiculous grounds that the youth did not have standing to bring a lawsuit on these claims. Standing means that plaintiffs must show that they have suffered injury from a law in order to file a lawsuit over it.
So, despite that children and all other living things are in actual fact harmed by a declining environment, the district court still said the youth couldn’t bring the lawsuit.
The Juliana plaintiffs are continuing to try to get their case heard, and are currently appealing to the US Supreme Court – which is no stranger to bonehead opinions, and has taken a number of bizarre positions on the issue of standing lately. So we’ll have to see how that turns out.
But the Held decision today reaffirmed the first real precedent in the US, in the form of an actual ruling set by a court, stating that the rights of young people to a clean and healthful environment have been violated by law. It may be a particularly egregious law in this case, and as such there may not be quite as perfect a set of circumstances as this in other lawsuits, but nevertheless this decision could light a fire under other cases in other states.
And best yet – there’s nowhere else for the state or the oil industry to take this case. This is a state case about state law, so the US Supreme Court has nothing to do with it. It’s now final: Montana needs to respect its own law and take the environment into account, just as its Constitution says it does.
And now, this case could serve as a signal to other judges that it is indeed possible and reasonable to take a stance in favor of the best interests of the people, and in favor of constitutional law, rather than cowing to the power of the fossil fuel industry (even in a state that is largely run by it).
Great job, kids.
To reduce your carbon footprint and live more sustainably, consider going solar. EnergySage is a free service that connects you with trusted, reputable installers in your area – without having to give up your phone number until you select an installer. Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way through EnergySage. Get started today! – ad*
FTC: We use income earning auto affiliate links. More.
The Nature Conservancy (TNC) and the Cumberland Forest Limited Partnership are turning former Appalachian coal mines into clean energy hubs. They just announced new agreements with Sun Tribe Development and ENGIE to build 14 solar farms and three battery storage systems across 360 acres in Virginia, Tennessee, and Kentucky.
This marks the second round of clean energy projects launched under TNC’s Cumberland Forest Project.
These projects aren’t just about clean energy – they’re about proving that clean energy can be developed on former Appalachian coal mines in a way that benefits the environment and local communities. The solar and storage hubs are expected to bring in more local tax revenue, create short-term construction jobs, and establish a community fund to support additional local initiatives.
Brad Kreps, TNC Clinch Valley director, said, “Developing projects on former coal mines – and in a way that engages with people in the local area so that communities can benefit – takes ingenuity, skill, and determination. Ultimately, we selected Sun Tribe and ENGIE, two experienced developers that have a great interest in bringing this vision to life.”
Once online, these projects will generate around 49 megawatts (MW) of solar energy and 320 MW of battery storage – enough to power 6,638 Appalachian homes annually.
Sun Tribe’s projects will be in Virginia and Tennessee. It’s planning one 5 MW solar project and three utility-scale battery storage systems ranging from 80 MW to 150 MW. These storage projects will improve grid reliability and help cut costs for utility customers by reducing the need for future grid upgrades.
“Locating solar and battery storage on former mine lands makes perfect sense to us,” said Danny Van Clief, CEO of Sun Tribe Development. “These sites and the communities they rest within have powered our country for more than a century – all we have to do is reimagine them for today’s energy technology.”
ENGIE, meanwhile, is developing 13 community-scale solar projects across Virginia, Tennessee, and Kentucky that will take advantage of Inflation Reduction Act incentives to help keep costs down. They’ll range in size from 1 MW to 6 MW, bringing clean energy access to more local communities.
“ENGIE is thrilled to collaborate on the development of these projects with The Nature Conservancy,” says Kristen Fornes, ENGIE head of distributed solar and storage. “These initiatives not only contribute to the reduction of greenhouse gas emissions but also generate employment opportunities, rejuvenate local communities, and enhance access to clean energy in areas where it is most needed.”
This latest announcement builds on previous first-round work by TNC, Sun Tribe, and Dominion Energy to bring renewable energy to Appalachia. Since 2021, Sun Tribe and Dominion Energy have been working on plans to generate 140 MW of renewable energy across eight sites in the Cumberland Forest. The first project, Wildcats Solar, is a 10 MW array planned for Wise County, Virginia. Expected to start construction by 2026, it’s projected to generate $800,000 in tax revenue for the community over its lifetime. Additional projects from the first round are set to be online by 2029.
Read more: Renewables provided 90% of new US capacity in 2024 – FERC
If you live in an area that has frequent natural disaster events, and are interested in making your home more resilient to power outages, consider going solar and adding a battery storage system. To make sure you find a trusted, reliable solar installer near you that offers competitive pricing, check out EnergySage, a free service that makes it easy for you to go solar. They have hundreds of pre-vetted solar installers competing for your business, ensuring you get high quality solutions and save 20-30% compared to going it alone. Plus, it’s free to use and you won’t get sales calls until you select an installer and share your phone number with them.
Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisers to help you every step of the way. Get started here. –trusted affiliate link*
FTC: We use income earning auto affiliate links. More.
The US State Department’s procurement forecast for the 2025 budget includes an item called “Armored Teslas” worth $400 million.
But worry not; it was approved under the Biden Administration, so Elon Musk’s DOGE will undoubtedly eliminate this waste. Right?
Elon Musk and his team at the Department of Government Efficiency (DOGE) are currently examining a large amount of US government spending.
It’s unclear if he got to the US State Department’s procurement forecast because there are a few interesting lines that would give auditors second thoughts.
The most interesting one is “Armored Tesla (Production Units)”, which is worth $400 million. Strangely, the item is listed under the NAICS code “311999 – All Other Miscellaneous Food Manufacturing.”
The program has a target for delivery in Q4 through the next 5 years.
There are several other similar and strange budgeted items that are linked to the wrong categories:
You have “ARMORED SEDAN” under “Soft Drink Manufacturing,” “ARMORED BMW X5/X7” under “Bottled Water Manufacturing,” and finally, ARMORED EV (NOT SEDAN) under “Ice Manufacturing.”
However, all these other armored vehicle-related items are budgeted at a fraction of the $400 million for Tesla vehicles ($50 million, $40 million, and $40 million, respectively).
The State Department procurement forecast website mentions that the list was last updated in December – before Trump entered office.
Electrek has contacted the State Department for a comment, and we will update you if we get an answer.
Tesla has claimed that its Cybertruck is “armored” and “bulletproof”, but its armored capacity is quite limited. It can likely deflect low-velocity bullets if they hit the doors, but that’s about it.
Other companies have been planning to modify the Cybertruck with higher levels of armor, like the partnership between Unplugged Performance and Archimedes Defense – pictured above.
Electrek’s Take
I am not against armored electric vehicles. If you need armored vehicles, you might as well make them electric.
However, this is certainly weird. Why does the State Department need $530 million worth of armored vehicles? And why is it listed under a bunch of unrelated categories that don’t make sense?
Sounds like a job for DOGE? However, Elon will need to recuse himself from that one, I guess.
FTC: We use income earning auto affiliate links. More.
-
Sports2 years ago‘Storybook stuff’: Inside the night Bryce Harper sent the Phillies to the World Series
-
Sports10 months agoStory injured on diving stop, exits Red Sox game
-
Sports1 year agoGame 1 of WS least-watched in recorded history
-
Sports2 years agoMLB Rank 2023: Ranking baseball’s top 100 players
-
Sports3 years ago
Team Europe easily wins 4th straight Laver Cup
-
Environment2 years agoJapan and South Korea have a lot at stake in a free and open South China Sea
-
Environment2 years agoGame-changing Lectric XPedition launched as affordable electric cargo bike
-
Business2 years agoBank of England’s extraordinary response to government policy is almost unthinkable | Ed Conway