The Constitutional Climate Trial: Examining the Future Trend of Climate-Related Cases

As the urgency to address climate change intensifies, a groundbreaking constitutional climate trial has commenced in Montana, signaling a growing trend of legal actions undertaken by young activists. The case, known as 'Held v Montana,' emerged from the determination of Riki Held, the lead petitioner, and involves 16 young residents accusing state officials of violating their constitutional right to a clean and healthful environment. With echoes of the notable 2015 Juliana v United States case, this trial prompts us to ponder the potential rise in climate-related legal battles in the future.

Background

In March 2020, Held v Montana was officially filed, setting the stage for a pivotal legal confrontation in the north-central state. The plaintiffs contend that the actions, or lack thereof, by state authorities have compromised their rights to a healthy environment, necessitating this landmark trial. Scheduled to span two weeks from June 12th to June 23rd, the trial is taking place in Helena, Montana, serving as a critical platform for climate activists to seek justice and advocate for change.

Trial Progression

Last week, the State Attorney General made a final attempt to postpone the trial, but the Montana Supreme Court swiftly dismissed the plea, affirming the commencement of proceedings on the scheduled date. This decision bolsters the significance of the trial and allows the voices of the young activists to be heard in their quest for a healthier environment. Held v Montana joins the ranks of the highly publicized Juliana v United States case, where 21 young people sued the U.S. government for enacting pro-fossil fuel policies that fueled climate change while allegedly infringing upon their constitutional rights to life, liberty, and property.

Implications for the Future

The rise of constitutional climate trials such as Held v Montana and Juliana v United States suggests a burgeoning trend that may shape the landscape of climate activism and legal battles in the years to come. As climate change continues to have far-reaching consequences, individuals and groups are increasingly turning to the legal system as a means to address government inaction or policy decisions that exacerbate the crisis. These cases raise critical questions regarding the responsibilities of governments and institutions in safeguarding the fundamental rights of citizens in the face of climate change.

With mounting evidence linking human activities to the degradation of the environment, constitutional climate trials bring attention to the necessity of reevaluating existing legal frameworks to ensure they are equipped to address the complex challenges posed by climate change. They challenge the notion that the fight against climate change is solely a matter of policy and call for legal recognition of the fundamental rights to a clean and healthful environment.

Conclusion

Held v Montana marks a significant milestone in the growing movement of climate activism, exemplifying the determination of young activists to hold governments accountable for their environmental responsibilities. This trial, alongside the landmark Juliana v United States case, foreshadows a potential surge in climate-related legal actions in the future. As the trial unfolds, its outcome will not only impact the lives of the young residents involved but also have far-reaching implications for the wider climate movement and the pursuit of environmental justice.