Fighting For the Planet

Broadus isn’t the only part of Montana facing such disasters. In recent decades, communities throughout the state have experienced more extreme weather—from surging floods and soaring temperatures to reduced snowfall and rampant wildfires. 

Scientists say those changes are due to climate change. But Held and others argue that government officials in Montana have made the situation worse by not doing enough to protect the environment. She is one of 16 young people ages 5 to 22 who recently took their state to court to push it to make more climate-friendly decisions. 

This past August, they won. A judge ruled that Montana’s residents “have a fundamental right to a clean and healthful environment, which includes climate.” 

Experts are calling Held v. State of Montana one of the most important victories ever in the fight against climate change. It shows that kids and teens can successfully challenge their governments to protect the planet. Now the victory is inspiring more young people across the United States to take action to protect their local environments.

“This is one of the strongest court decisions we’ve ever had on climate change,” says Michael Gerrard. He is the director of the Sabin Center for Climate Change Law at Columbia Law School in New York. “These young people made a real impact.”

Broadus is not the only part of Montana facing such disasters. In recent decades, communities throughout the state have experienced more extreme weather. They have faced surging floods, soaring temperatures, reduced snowfall, and rampant wildfires.

Scientists say those changes are due to climate change. But Held and others argue that government officials in Montana have made things worse by not doing enough to protect the environment. Held is one of 16 young people ages 5 to 22 who recently took their state to court. They did it to push officials to make more climate-friendly decisions.

This past August, they won. A judge ruled that Montana’s residents “have a fundamental right to a clean and healthful environment, which includes climate.”

Experts are calling Held v. State of Montana one of the most important victories ever in the fight against climate change. It shows that kids and teens who challenge their governments to protect the planet can succeed. Now the victory is inspiring more young people across the United States to take action to protect their local environments.

“This is one of the strongest court decisions we’ve ever had on climate change,” says Michael Gerrard. Gerrard is the director of the Sabin Center for Climate Change Law at Columbia Law School in New York. “These young people made a real impact.”

While some shifts in Earth’s typical weather conditions occur naturally over long periods of time, many scientists believe human actions are accelerating climate change. People burn fossil fuels—such as coal and oil—to power factories, homes, and cars. When they do, greenhouse gases are released. Those gases, including carbon dioxide, collect in the atmosphere, trapping the sun’s heat close to Earth’s surface.

The more fossil fuels humans burn, the more heat gets trapped. That is raising Earth’s average temperature and pushing the planet’s climate to extremes—making wet areas wetter and dry ones drier. This past summer was hotter than usual for 98 percent of the world’s population, according to a report by the research group Climate Central. There were also record storms, floods, and wildfires across the planet.

In Montana, a state with varying landscapes including prairies and mountain ranges, rapidly melting snow has increased the likelihood of dangerous flooding. Drought has lowered water levels in lakes and rivers. What’s more, warmer average temperatures and decreased rainfall have made the state’s wildfire season two months longer than it was in the 1980s, a climate scientist testified during the trial. 

Some shifts in Earth’s typical weather conditions occur naturally over long periods of time. But many scientists believe human actions are speeding up climate change. People burn fossil fuels such as coal and oil. They do it to power factories, homes, and cars. Burning fossil fuels releases greenhouse gases, including carbon dioxide. Those gases collect in the atmosphere and trap the sun’s heat close to Earth’s surface.

The more fossil fuels humans burn, the more heat gets trapped. That is raising Earth’s average temperature and pushing the planet’s climate to extremes. It is making wet areas wetter and dry ones drier. This past summer was hotter than usual for 98 percent of the world’s population. That is according to a report by the research group Climate Central. There were also record storms, floods, and wildfires across the planet.

Montana is a state with varying landscapes, including prairies and mountain ranges. There, rapidly melting snow has increased the likelihood of dangerous flooding. Drought has lowered water levels in lakes and rivers. Also, warmer average temperatures and decreased rainfall have made the state’s wildfire season two months longer than it was in the 1980s. A climate scientist testified about this during the trial.

Several environmental experts argue that a law passed by Montana in 2011 has greatly contributed to the state’s climate-related problems. The law prohibited state agencies from considering climate impacts when deciding whether to approve new energy projects, such as coal mines and power plants. As a result, construction projects have been built with little regard for how they will affect the environment.

Some of the scientists testifying in the case focused on 2019. That year, Montana burned enough fossil fuels to produce 32 million tons of carbon emissions—the sixth highest of any state. (Carbon emissions are the release of carbon dioxide into the air by the burning of certain fuels.) That’s about as much as Ireland, a country with a population five times that of Montana’s 1.1 million people.

Several environmental experts argue that a law passed by Montana in 2011 has greatly contributed to the state’s climate-related problems. The law barred state agencies from considering climate impacts when deciding whether to approve new energy projects. Such projects include coal mines and power plants. As a result of that law, construction projects have been built without much thought about how they will affect the environment.

Some of the scientists testifying in the case focused on 2019. That year, Montana burned enough fossil fuels to produce 32 million tons of carbon emissions. That was the sixth-highest amount of any state. (Carbon emissions are the release of carbon dioxide into the air by the burning of certain fuels.) That is about as much as Ireland, a country with five times as many people as Montana. Montana’s population is 1.1 million.

After experiencing the effects of climate change firsthand, Held was determined to do something to protect her home. An environmental legal group called Our Children’s Trust gave her a way. The organization was building a case against Montana—and it wanted young people to be involved. After all, the group says, if climate change isn’t slowed, today’s kids and teens will be the ones left dealing with its disastrous effects in the coming decades.

Held joined the case as a plaintiff, along with other young people from across the state. In 2020, the group filed their lawsuit—in Held’s name, because she is the oldest.

Held v. State of Montana focused on language in Montana’s constitution. It guarantees residents “the right to a clean and healthful environment.” It also says the state should maintain and improve the environment “for present and future generations.” Based on that language, the plaintiffs asked the judge to declare the 2011 Montana law unconstitutional.

Held experienced the effects of climate change firsthand. This made her determined to do something to protect her home. An environmental legal group called Our Children’s Trust gave her a way. The organization was building a case against Montana. It wanted young people to be involved. After all, the group says, if climate change is not slowed, today’s kids and teens will be the ones left dealing with its disastrous effects in the future.

Held joined the case as a plaintiff. So did other young people from across the state. In 2020, the group filed their lawsuit. The lawsuit is in Held’s name because she is the oldest of the group.

Held v. State of Montana focused on language in Montana’s constitution. It guarantees residents “the right to a clean and healthful environment.” It also says the state should maintain and improve the environment “for present and future generations.” Based on that language, the plaintiffs asked the judge to declare the 2011 Montana law unconstitutional.

After about eight weeks of deliberation, the judge struck down the law. Going forward, Montana must consider how proposed energy projects could affect the climate before deciding whether to approve them.

What’s more, the judge stated on the court record that climate change harms the physical and mental well-being of young people. That’s huge, Gerrard says, because it could set a precedent for how judges rule on future climate change cases. Courts often consider the rulings of other courts when making decisions.

After about eight weeks of deliberation, the judge struck down the law. From now on, Montana must consider how proposed energy projects could affect the climate before deciding whether to approve them.

On the court record, the judge also said that climate change harms the physical and mental well-being of young people. Gerrard says that is huge, because it could set a precedent for how judges rule on future climate change cases. Courts often consider the rulings of other courts when making decisions.

At least two such cases are likely headed for trial next year: A group of young people in Hawaii is suing the state for not doing enough to reduce greenhouse gas emissions, and other kids and teens across the country have filed a federal lawsuit against the U.S. on similar grounds. Both cases are backed by Our Children’s Trust, the same organization that filed the Montana lawsuit. If the 21 young plaintiffs in the federal suit win, that case could establish the right to a clean environment for all Americans.

Back in Montana, lawyers for the state have filed an appeal with the Montana Supreme Court, asking it to hear the case. But the Held v. State of Montana victory has given young people hope. 

Kian Tanner, 18, was a plaintiff from the city of Bigfork. He testified that the state’s increasingly hot summers were interfering with where he feels “most at home”—on the soccer field. Kian cheered when the judge read the ruling.

“This ruling, this case—it is truly historic,” he told reporters. “We are heard!”

At least two such cases will likely go to trial next year. A group of young people in Hawaii is suing their state. They say it is not doing enough to reduce greenhouse gas emissions. Other kids and teens across the country have filed a federal lawsuit against the U.S. on similar grounds. Both cases are backed by Our Children’s Trust, the same organization that filed the Montana lawsuit. If the 21 young plaintiffs in the federal suit win, that case could establish the right to a clean environment for all Americans.

Back in Montana, lawyers for the state have filed an appeal. They are asking the Montana Supreme Court to hear the case. But the Held v. State of Montana victory has given young people hope.

Kian Tanner, 18, was a plaintiff from the city of Bigfork. He testified that the state’s increasingly hot summers were interfering with where he feels “most at home.” That is on the soccer field. When the judge read the ruling, Kian cheered.

“This ruling, this case—it is truly historic,” he told reporters. “We are heard!”