Montana AG Appeals Landmark Victory for Youth in Climate Lawsuit

Montana Attorney General Austin Knudsen is challenging a blockbuster decision that the state is infringing on youth constitutional rights to a stable climate.

In a largely expected move, Knudsen filed a notice of appeal to Montana’s Supreme Court Sept. 29, looking to the court to weigh in on a decision from Judge Kathy Seeley at the First Judicial District Court of Lewis and Clark County.

Seeley declared in August that Montana’s oil and gas policies are unconstitutional under affirmative environmental rights in the state’s bill of rights.

“We look forward to the argument before the Montana Supreme Court,” according to a statement from Emily Flower, spokeswoman for Attorney General Knudsen.

The case, Held v. Montana, is one of a few climate cases pending nationwide brought by young people and led by legal nonprofit Our Children’s Trust. The youth claim that their state and federal governments are violating their constitutional rights to a stable climate system by encouraging rampant fossil fuel development.

Nate Bellinger, senior staff attorney for Our Children’s Trust, said he’s confident in Held‘s success moving into the appeal.

“The trial record that will be reviewed by the Supreme Court contains undisputed evidence of harms to the 16 youth Plaintiffs as a result of defendants’ fossil fuel policies, and we are confident that the Supreme Court will affirm the District Court’s Order once it reviews the evidence in the record,” Bellinger said in a statement.

The federal case, Juliana v. US, was approved for trial this summer by a federal district judge. And youths in Hawaii will be the next plaintiffs to take the stand for a state-level trial.

The case is Held v. Montana, Mont., No. DA 23-0575, Notice of Appeal 9/29/23.