Rikki Held et al v State of Montana et al - Montana First Judicial District Court Lewis and Clark County No CDV-2020-307 - Findings of Fact - Conclusions of Law and Order - 14 August 2023
Country
Year
2023
Summary
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PROCEDURAL HISTORY
On March 13, 2020, sixteen Montana youth (collectively Plaintiffs or Youth Plaintiffs) filed a Complaint for Declaratory and Injunctive Relief against the State of Montana, the Governor, Montana Department of Environmental Quality, Montana Department of Natural Resources and Conservation, Montana Department of Transportation, and Montana Public Service Commission (collectively Defendants or State). Plaintiffs' Complaint challenged the constitutionality of the State's fossil fuel-based state energy system, which they allege causes and contributes to climate change in violation of their constitutional rights guaranteed under Article II, Section 3; Article II, Section 4; Article II, Section 15; Article II, Section 17; Article IX, Section 1; Article IX, Section 3 of the Montana Constitution; and the Public Trust Doctrine.
Specifically, the Complaint challenged the constitutionality of fossil fuel-based provisions of Montana's State Energy Policy Act, Mont. Code Ann. § 90-4-1001(1)(c)-(g); a provision of the Montana Environmental Policy Act (MEPA), Mont. Code Ann. § 75-1-201(2)(a) (MEPA Limitation), which forbids the State and its agents from considering the impacts of greenhouse gas (GHG) emissions or climate change in their environmental reviews; and the aggregate acts the State has taken to implement and perpetuate a fossil fuel-based energy system pursuant to these two statutory provisions.
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ORDER
1. Based upon the foregoing Findings of Fact and Conclusions of Law the Court determines and declares that:
2. The Youth Plaintiffs have standing to bring the claims addressed herein.
3. Montana's GHG emissions have been proven to be fairly traceable to the MEPA Limitation.
4. Montana's GHG emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana's environment and harm and injury to the Youth Plaintiffs.
5. This judgment will influence the State's conduct by invalidating statutes prohibiting analysis and remedies based on GHG emissions and climate impacts, alleviating Youth Plaintiffs' injuries and preventing further injury.
6. By prohibiting analysis of GHG emissions and corresponding impacts to the climate, as well as how additional GHG emissions will contribute to climate change or be consistent with the Montana Constitution, the MEPA Limitation violates Youth Plaintiffs' right to a clean and healthful environment and is unconstitutional on its face.
7. Plaintiffs have a fundamental constitutional right to a clean And healthful environment, which includes climate as part of the environmental life-support system.
8. The 2023 version of the MEPA Limitation, Mont. Code Ann. § 75-1-201(2)(a), enacted into law by BB 971, is hereby declared unconstitutional and is permanently enjoined.
9. Mont. Code Ann § 75-1-201(6)(a)(ii), enacted into law by SB 557 from the 2023 legislative session, is hereby declared unconstitutional and is permanently enjoined because it removes the only preventative, equitable relief available to the public and MEPA litigants.
10. In addition to the findings, conclusions, and declarations set forth above, injunctive relief is appropriate, prohibiting Defendants from acting in accordance with the statutes declared unconstitutional.
11. Judgment is hereby found in favor of the Plaintiffs as prevailing parties.
12. The Youth Plaintiffs requested an award of reasonable attorneys' fees and costs. Pursuant to Rule 54 (d), Mont. R. Civ.
P., Youth Plaintiffs shall submit their motion for fees and costs and documentation in support of their request for fees and costs, within fourteen days of the date of this Order. Defendants shall have fourteen days thereafter to respond, and shall have the opportunity to request a hearing pursuant to the provisions of Rule 43 (c), Mont. R. Civ. P. The Court reserves jurisdiction to issue its final judgment to include the issue of attorneys' fees and costs.
DATED this 14 day of August 2023.
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