The most recent controversy dragged before a judge was whether the state of Montana could be held responsible for climate change. Earlier this month, Montana District Court Judge Kathy Seeley ruled that the state’s failure to take climate change into account when greenlighting new oil and coal projects was unconstitutional. The plaintiffs were a group of young people called Our Children’s Trust. They sued the state over fossil fuel production, claiming that Montana violated a section of its constitution that guarantees citizens “the right to a clean and healthful environment.”
Climate activists have hailed the decision as a significant victory and model for the nation but have not been clear on what exactly has been accomplished. As The New York Times put it, unless a higher court overturns the ruling, Montana must now “consider climate change when deciding whether to approve or renew fossil fuel projects.” That’s all. They must “consider.”
