Montana climate change lawsuit affirms right to clean environment

In June 2023, 16 young Montanans filed a constitutional climate lawsuit against the state of Montana, stating they had a right to a clean and healthful environment. The youth allege that the state of Montana, by supporting a fossil fuel-driven energy system that worsens the climate crisis, is violating their constitutional right to a “clean and healthful environment,” to seek safety, health, and happiness, and to individual dignity and equal protection of the law.

Article IX, Section 1 of the Montana state constitution reads, “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.” The young people received guidance from Our Children’s Trust law firm.

On August 14, 2023, a Montana judge agreed. Some say this ruling may have a long-lasting impact on other lawsuits in motion regarding similar constitutional rights in several other states. A similar case will soon be heard in Oregon.

Nobel Peace Prize winner testified about climate change at trial

Steven Running, professor emeritus of ecosystem and conservation sciences at the University of Montana, and Jonathan Patz, MD, MPH, distinguished professor and John P. Holton Chair of Health and the Environment, University of Wisconsin-Madison, and co-winners of the 2007 Nobel Peace Prize for their work on the Intergovernmental Panel on Climate Change, were at the June trial in Helena, MT. They are also members of the National Academy of Sciences and Medicine, respectively.

Running testified about how human-caused climate change is amplifying the hydrologic cycle, whereby wet areas are getting wetter and dry areas are getting drier. Snowpack seasons are shortening resulting in the drying of mountain forests leading to increased intensity and frequency of wildfires, not just in Montana but in many areas of the country. Running described an increasingly dire situation of wildfires getting more severe and more frequent in western North America — causing health impacts across the nation — as heavy fossil fuel use continues to churn out emissions at levels that continue to accelerate global heating.

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Along with more severe wildfires, Montana is experiencing more extreme heat days, droughts, flooding, warming of rivers and streams, and declining winter snowpack. The namesake glaciers of Glacier National Park are melting. Specifically, Running noted that Montana air temperatures are rising 0.42degF per decade since 1950, and spring snowmelt is 2 weeks earlier since 1950. And Montana isn’t the only state experiencing extreme weather events due to fossil fuel combustion.

One only needs to look at the catastrophic wildfires in Maui that started on August to see what’s coming for many areas of the country that have failed to take aggressive action to address climate change impacts. It only takes a spark to start a deadly chain reaction that leads to tragedies like those experienced in Lahaina, Maui. Sadly, Hawaii isn’t the only state experiencing the impacts of severe droughts. There are currently wildfires burning thousands of acres in Texas, Arizona, Montana, New Jersey, New Mexico, Washington, Oregon, and Colorado. And there’s no end in sight unless we fully address the climate crisis.

Young people already suffering from climate change

Patz observed other testimony at the trial that is important for young and old alike. Psychiatrist Lise Van Susteren testified that there are significant increases in anxiety, depression, despair and a growing feeling of anger and powerlessness among our young people. The mental health impacts are just starting to surface. Imagine the lasting impact that the Maui wildfires will have on generations to come. And there will be many more wildfires that will impact scores of people of all ages if we fail to act.

Pediatrician Lori Byron testified that wildfires, smoke conditions, and extreme temperatures can damage the lungs and brains of children, which are still developing, more than they can those of adults. She also described the emotional impact of experiencing such extreme conditions, testifying that they amount to adverse childhood experiences. According to the U.S. Centers for Disease Control and Prevention, such experiences can have lifetime impact.

So what can we do? Let’s start with our governments. Instead of streamlining approvals of new coal-generated power plants, look first to other energy sources. Solar. Wind. Nuclear. Geothermal. All are viable energy sources that will help all states grappling with very real consequences for climate change.

Then, let’s look at our own actions. Are there things we can be doing as individuals to reduce our carbon footprint? There are many things we can do to do our part to reduce the burning of fossil fuels.

Here are a few ideas from the UW-Madison Office of Sustainability.

When the 16 young people in Montana went up against the fossil fuel industry and bureaucracy, some thought it was a publicity stunt. But they prevailed due to the overwhelming climate science experts who have been warning everyone for years about the impacts. We hope the results of this trial can accelerate the political momentum needed to bring about a net-zero carbon emissions and climate stabilized world.

Steven Running is professor emeritus of ecosystem and conservation sciences at the University of Montana. Jonathan Patz, MD, MPH, distinguished professor and John P. Holton Chair of Health and the Environment, University of Wisconsin-Madison. They were co-winners of the 2007 Nobel Peace Prize for their work on the Intergovernmental Panel on Climate Change.

This article originally appeared on Milwaukee Journal Sentinel: Gen Z is already suffering from climate change, harm to environment