Supreme Court oral argument date set for kids' climate case - Missoulian
Supreme Court oral argument date set for kids' climate case
The Montana Supreme Court decided Monday to hear oral arguments in the climate case that made international news last summer.
The oral arguments will be held in the Old Supreme Court Chambers in the state Capitol on Wednesday, July 10, beginning at 9:30 a.m.
The high court had the ability to solely rule on the briefs from either side, but elected to take up oral arguments.
District Court Judge Kathy Seeley originally ruled last August that the state is violating the plaintiffs' constitutional right to a “clean and healthful environment” — Montana is one of a handful of states with this clause in its Constitution — by not accounting for greenhouse gas emissions and climate change impacts when granting permits under the Montana Environmental Policy Act (MEPA). Her decision struck down a state law barring Montana agencies from considering the impacts of climate change when issuing those permits.
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Seeley served up the landmark ruling when she ruled in favor of the plaintiffs, a group of 16 Montana youth, and her decision was seen around the world as one of the first major court rulings for climate change activists in history.
The appellants, Gov. Greg Gianforte and agencies under him including the Department of Transportation, the Department of Environmental Quality and the Department of Natural Resources and Conservation, then appealed the case to the State Supreme Court.
The group will have 40 minutes to deliver their argument and the kids' attorneys will be granted 30 minutes, according to the notice.
If the kids prevail following oral arguments, the decision will not act as "binding legal precedent" for other states, but "it might give courts courage" in future climate cases, a climate law expert previously told the Montana State News Bureau.
Three of the plaintiffs — Badge and Lander Busse and Rikki Held — are the children of men seeking elected office this year. That's Democratic governor candidate Ryan Busse and Eastern congressional candidate Steve Held, also a Democrat.
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.