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The Conversation
The Conversation
Environment
Amber Polk, Assistant Professor of Law, Florida International University

Montana kids win historic climate lawsuit – here's why it could set a powerful precedent

The young plaintiffs in Held v. State of Montana, ages 5 to 22, walk to the courthouse with their lawyer. William Campbell/Getty Images

Sixteen young Montanans who sued their state over climate change emerged victorious on Aug. 14, 2023, from a first-of-its-kind climate trial.

The case, Held v. State of Montana, was based on allegations that state energy policies violate the young plaintiffs’ constitutional right to “a clean and healthful environment” – a right that has been enshrined in the Montana Constitution since the 1970s. The plaintiffs claimed that state laws promoting fossil fuel extraction and forbidding the consideration of climate impacts during environmental review violate their constitutional environmental right.

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