Climate Change on Trial
June 20, 2023 6:51 PM Subscribe
The first constitutional climate trial in US history came to a close today. A ruling in Held v. Montana is not expected for several weeks as the judge considers the arguments. Montana's case was brought in part because the state constitution guarantees "the right to a clean and healthful environment."
The Montana case follows on the heels of Juliana v United States (aka Youth v. Gov [Netflix]) that began in 2015. [previously] In that case, The Ninth Circuit Court recognized the gravity of the evidence on the plaintiffs’ injuries from climate change and the government’s role in causing them, however it ruled that the plaintiffs’ requested remedies should be addressed by the executive and legislative branches rather than the courts. That changed earlier this month when the court granted plaintiff’s motion to amend their case, ruling that they can proceed to trial.
The Montana case follows on the heels of Juliana v United States (aka Youth v. Gov [Netflix]) that began in 2015. [previously] In that case, The Ninth Circuit Court recognized the gravity of the evidence on the plaintiffs’ injuries from climate change and the government’s role in causing them, however it ruled that the plaintiffs’ requested remedies should be addressed by the executive and legislative branches rather than the courts. That changed earlier this month when the court granted plaintiff’s motion to amend their case, ruling that they can proceed to trial.
Yeah, MT produces 5% of all coal in the US, about 30 million tons/year. Most of it goes outside the state, including to Japan and South Korea.
posted by CheeseDigestsAll at 8:49 PM on June 20, 2023 [2 favorites]
posted by CheeseDigestsAll at 8:49 PM on June 20, 2023 [2 favorites]
I live in eastern WA in a small RR-adjacent town and in the 20 years we've lived here I've seen the coal trains go from short to very very long, maybe over a mile long, and from one or two a day to maybe a dozen a day. All full heading west. All empty heading east.
posted by hippybear at 8:58 PM on June 20, 2023 [3 favorites]
posted by hippybear at 8:58 PM on June 20, 2023 [3 favorites]
I wasn't at all aware of this (unsurprisingly) but it's heartening to hear it's happening. I doubt anyone is expecting anything startling out of this, certainly the government of Montana isn't or they would have actually put up some kind of defense. But it's a start.
posted by dg at 10:45 PM on June 20, 2023
posted by dg at 10:45 PM on June 20, 2023
I'm curious to know the history behind that constitutional provision. It seems like it could be a very interesting story.
posted by clawsoon at 5:25 AM on June 21, 2023
posted by clawsoon at 5:25 AM on June 21, 2023
Montana's constitution was rewritten in the early 1970s, around the tim laws like the Endangered Species Act and the National Environmental Policy Act were being passed.
Western Montana rivers like the Clark Fork were laden with heavy metal contamination from industrial mining, terraced clear cuts were en vogue on the Bitterroot National Forest, and air in the gallies were sometimes so thick with pulp mill pollution that near by mountains were nearly invisible.
It was drafted by citizens rather than politicians, reolacing the 1889 Constitution, which had been drafted under the direction of the copper barons.
posted by CheeseDigestsAll at 5:39 AM on June 21, 2023 [8 favorites]
Western Montana rivers like the Clark Fork were laden with heavy metal contamination from industrial mining, terraced clear cuts were en vogue on the Bitterroot National Forest, and air in the gallies were sometimes so thick with pulp mill pollution that near by mountains were nearly invisible.
It was drafted by citizens rather than politicians, reolacing the 1889 Constitution, which had been drafted under the direction of the copper barons.
posted by CheeseDigestsAll at 5:39 AM on June 21, 2023 [8 favorites]
Montana is also the only state in which employment is not at-will (after the first six months).
posted by snuffleupagus at 9:16 AM on June 21, 2023 [2 favorites]
posted by snuffleupagus at 9:16 AM on June 21, 2023 [2 favorites]
I hope they have better luck than the attempts in Canada, where the courts basically said “fuck you youngsters, we've got ours”
posted by scruss at 2:14 PM on June 21, 2023 [2 favorites]
posted by scruss at 2:14 PM on June 21, 2023 [2 favorites]
...where the courts basically said “fuck you youngsters, we've got ours”
Some similar sentiments from the MT Republican majority leader and the MT Attorney General (PBS Video).
I hope that the remarkable college student interviewed in the article gets a chance to eject these two condescending Montana politicians from office.
posted by JDC8 at 2:27 PM on June 21, 2023 [1 favorite]
Some similar sentiments from the MT Republican majority leader and the MT Attorney General (PBS Video).
I hope that the remarkable college student interviewed in the article gets a chance to eject these two condescending Montana politicians from office.
posted by JDC8 at 2:27 PM on June 21, 2023 [1 favorite]
« Older "You're on your own, kid. You always have been." | 4:50 of Pure Joy Newer »
This thread has been archived and is closed to new comments
I salute whoever presented the idea that Montana can't be held responsible for contributing to climate change because it's a global issue. Especially if they managed to keep a straight face.
posted by Tell Me No Lies at 7:43 PM on June 20, 2023 [1 favorite]