Is the state killing us? Yes, according to a lawsuit filed by 16 ordinary Montana kids. Their suit, Held et al v. State of Montana, filed in 2020 will go to trial next year. Their claim is that current Montana public policy not only intentionally damages the environment but that many policies are in direct conflict with the Montana Constitution, which states, in part: “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment …” (Article II, Section 3).
These kids cite damages such as: the states support for fossil fuels and the associated climate and public health concerns; wildfires that destroy timber and farmland, domestic cattle/horses and wildlife, infrastructure, and people (through poor air quality); droughts in rivers and streams which reduce fishing, boating and once predictable water for livestock and animals; the loss of access to bison, huckleberries and other Tribal resources and cultural traditions; the loss of personal freedom to play outdoor sports when air quality drops; the loss of fishing and kayaking when waters warm or flows drop; the loss of snowpack for skiers; devastating flooding when temperatures soar; increases in viruses and transmission from higher temperatures among wild animals, and increased diagnosis of depression among many youth.
This suit follows others filed by young people in Alaska, Florida, Washington, and maybe the most famous Julianna v. United States in 2015 (of which an additional 18 states want to join). As one 17-year-old Flathead plaintiff states … “changing how the law looks at climate change is a really good way to change how people look at climate change.” These youth remind me of Robert Greenleaf’s quote: “The most serious failure of leadership is the failure to foresee.”
Pat Malone
Columbia Falls