Judicial Climate Activism in Montana

In a case that would make Greta Thunberg proud, 16 young people ages five to 22 successfully sued the state of Montana for failing to protect their right to a “clean and healthful environment.” Their entire case rested upon the utterly unmeasurable and unquantifiable claim that the Treasure State’s Environmental Policy Act has “harmed” them since it precludes local officials from incorporating “greenhouse gas emissions and corresponding impacts to the climate” into their evaluation process when considering energy-project approvals. In other words, since Montana passed laws to prevent ecofascists from...