Case: Held v. Montana

CDV-2020-307 | Montana state trial court

Filed Date: March 13, 2020

Case Ongoing

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Case Summary

This case concerns allegations that the State of Montana’s fossil fuel-based energy system caused and contributed to climate change in violation of the plaintiffs’ constitutional rights. On March 13, 2020, sixteen young people from Montana filed this lawsuit in Montana’s First Judicial District Court of Lewis and Clark County. They sued the State of Montana, the Montana Governor, the Montana Department of Environmental Quality, the Montana Department of Natural Resources and Conservation, the M…

This case concerns allegations that the State of Montana’s fossil fuel-based energy system caused and contributed to climate change in violation of the plaintiffs’ constitutional rights. On March 13, 2020, sixteen young people from Montana filed this lawsuit in Montana’s First Judicial District Court of Lewis and Clark County. They sued the State of Montana, the Montana Governor, the Montana Department of Environmental Quality, the Montana Department of Natural Resources and Conservation, the Montana Department of Transportation, and the Montana Public Service Commission. Represented by Our Children’s Trust, the Western Environmental Law Center, and private counsel, the plaintiffs sought declaratory relief recognizing the unconstitutionality of the fossil fuel-based provisions of Montana’s State Energy Policy, the aggregate actions taken by the defendants to support a fossil fuel-based energy system, and a provision of the Montana Environmental Policy Act that had been interpreted to mean that the state cannot consider climate change in any MEPA environmental reviews (MEPA Limitation). The plaintiffs also sought declaration that their constitutional right to a “clean and healthful environment” under the Montana state constitution included the right to a stable climate and was violated by the defendants. 

Additionally, the plaintiffs sought injunctive relief enjoining the defendants from subjecting plaintiffs to these policies and ordering the defendants to prepare a statewide greenhouse gas (GHG) accounting and develop statewide GHG emission reduction plan. They also sought costs and reasonable attorneys’ fees. The plaintiffs asserted that, by supporting a fossil fuel-based energy system through the above-mentioned laws and policies, the defendants violated their constitutional rights and the Public Trust Doctrine. The case was assigned to Judge Kathy Seeley.

The defendants moved to dismiss the case on April 24, 2020. Judge Seeley granted in part and denied in part the defendants’ motion on August 4, 2021. The judge determined that the plaintiffs’ request for the court to order the defendants to develop a remedial plan, retain jurisdiction until the plan was completed, and appoint a special master if necessary to help review the plan exceeded the court’s authority under the political question doctrine. However, Judge Seeley allowed the plaintiffs’ remaining requests to go forward.

For the next year and a half, the parties engaged in discovery. On February 1, 2023, the defendants filed a Motion for Summary Judgment. In the following months, actions taken by the Montana legislature shook things up in court. On March 16, 2023, the state legislature repealed the Montana State Energy Policy. The defendants subsequently filed a motion to partially dismiss the plaintiffs’ claims regarding the Montana State Energy Policy for mootness on March 31, 2023. On May 10, 2023, the state legislature clarified the MEPA Limitation as explicitly prohibiting state agencies from considering GHG emissions and corresponding climate change impacts in MEPA reviews. Mont. Code Ann. § 75-1-201(2)(a). On May 18, 2023, the defendants filed a motion to dismiss the MEPA claims based on this clarification. The next day, the state legislature enacted a new MEPA provision eliminating any preventative or equitable remedies for MEPA litigants who raise GHG or climate change issues. Mont. Code Ann. § 75-1-201(6)(a)(ii).


On May 23, 2023, Judge Seeley granted the defendants’ motion to partially dismiss the plaintiffs’ claims involving the State Energy Policy due to mootness. However, she denied the defendants’ motion for summary judgment and their motion to dismiss the plaintiffs’ MEPA claims. The case then made history when the trial began on June 12, 2023, as the first climate litigation to reach trial.

In a landmark opinion issued on August 14, 2023, Judge Seeley ruled in favor of the plaintiffs on all remaining claims. Judge Seeley held that the plaintiffs have a fundamental constitutional right to a clean and healthful environment, “which includes climate as part of the environmental life-support system.” Further, Judge Seeley permanently enjoined and invalidated as unconstitutional the MEPA Limitation and equitable relief restriction. Mont. Code Ann. §§ 75-1-201(2)(a), (6)(a)(ii). Judge Seeley reasoned that by prohibiting analysis of GHG emissions, corresponding climate impacts, and how additional GHG emissions will contribute to climate change or be consistent with the Montana Constitution, the MEPA Limitation violated the plaintiffs’ constitutional right to a clean and healthful environment. The plaintiffs were also awarded costs and attorney fees.

On October 2, 2023, the defendants filed a notice of appeal in the Montana Supreme Court. On January 16, 2024, the Montana Supreme Court denied the defendants’ request to stay Judge Seeley’s ruling while the Court considered the merits of the defendants’ appeal. The plaintiffs’ briefs were due on March 14, 2024. As of April 2, 2024, the defendants’ appeal was ongoing. 

Summary Authors

Taylor Hopkins (2/18/2024)

Documents in the Clearinghouse

Document

CDV-2020-307

Complaint for Declaratory and Injunctive Relief

March 13, 2020

March 13, 2020

Complaint

CDV-2020-307

Findings of Fact, Conclusions of Law, and Order

Aug. 14, 2023

Aug. 14, 2023

Order/Opinion

DA 23-0575

Notice of Appeal of Governor Greg Gianforte, Montana Department of Natural Resources and Conservation, and Montana Department of Transportation

Montana state supreme court

Oct. 2, 2023

Oct. 2, 2023

Pleading / Motion / Brief

Docket

Last updated Aug. 30, 2023, 1:34 p.m.

Docket sheet not available via the Clearinghouse.

Case Details