Montana Supreme Court appears divided over youth climate case - E&E News by POLITICO
Montana Supreme Court appears divided over youth climate case - E&E News by POLITICO
The Montana Supreme Court did not clearly indicate how it might rule in a landmark case that could change how decisionmakers in the Treasure State — and other parts of the country — consider the climate impacts of fossil fuel development.
Some of the court’s seven justices appeared skeptical during oral arguments Wednesday that a Montana law barring state agencies from considering climate change is consistent with a guarantee in the state Constitution to a clean and healthful environment. Others asked whether it’s too soon to take up the matter, given that the lawsuit from young climate activists does not challenge any specific project.
Several of the court’s members stayed silent during the proceedings.
The hearing in Held v. Montana comes nearly a year to the day after a state judge delivered a major victory to a group of young people who had argued that the state’s ban on climate considerations violates their constitutional rights. Their win has inspired similar litigation elsewhere.
Related Knowledge Center: Air emissions
More than 30 years after the last major update of the Clean Air Act, the U.S. Supreme Court has upended the ability of Congress to give the Environmental Protection Agency and other federal agencies broad scope to combat air pollution, including the emission of greenhouse gases. Meanwhile, further Biden administration efforts to limit emissions face opposition in the courts.