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Jun 2, 2025  |  
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Breanne Deppisch, Energy and Environment Reporter


NextImg:Judge rules Montana violated youths' rights to clean environment with fossil fuel projects

A Montana state court ruled on Monday in favor of a group of 16 young climate activists who alleged that the state violated their constitutional right to a “clean and healthful environment” by approving new fossil fuel projects, a landmark ruling that could serve as a precedent for similar cases nationwide.

In issuing the ruling, the court agreed with plaintiffs that the Montana Environmental Policy Act, which requires state agencies to weigh environmental health against the development of new energy resources, is unconstitutional since it does not allow the state to weigh the harm of additional greenhouse gas emissions or other adverse effects on climate that a new fossil fuel project will have when taking it into consideration.

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The plaintiffs argued that MEPA, in its current form, violates a 1972 provision in the state’s constitution that indicates the “state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.”

State officials strongly rejected the claim, arguing that the MEPA provision in question is procedural and used solely to create environmental assessments of projects, rather than issuing the actual permits that allow them to move forward.

“MEPA doesn’t permit,” Montana's Director of Environmental Quality Chris Dorrington said in his testimony earlier this summer. He added there are different state laws that “allow and guide the agency” to make decisions on whether to permit new coal, oil, or gas mining projects.

During five days of testimony in June, the plaintiffs argued they had suffered a range of harm from the fossil fuel projects in their state. Olivia Vesovich, a 20-year-old student at the University of Montana, told the court that her preexisting respiratory problems, coupled with wildfire smoke, have made living in the state nearly unbearable.

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At times, she said, it felt as though her lungs were on fire and that the smoke was “suffocating” her. "That sounds like a dystopian horror film, but it's not a movie. It's real life.”

The state is widely expected to appeal the decision and had sought multiple times to avoid trial, including by filing requests to the Supreme Court.