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"If All the Greedy People that Pollute can get Together & Show Strength in Unity – then Honest, Environmentalists Must Do the Same. You See – It’s as Simple As That.” George C. Keefe - ENCASEMENT Guy

Friday, August 18, 2023

With a guiding light decision this was a huge week for the environment and environmentalists alike.

I’m extremely pleased with this watershed judgement that opens the door for other similar actions.

Also very encouraged that the youth are at the forefront of this charge.

In 1972, the state of Montana recognized the toll that a century of mining, ranching, and farming had taken on its environment. The voters added an amendment to the state constitution, pledging to maintain and improve a clean and healthful environment for present and future generations.

Fast-forward to March 2020, a groundbreaking lawsuit named Held v. Montana emerged, initiated by the nonprofit public interest law firm Our Children’s Trust.

Representing sixteen young Montana residents, the lawsuit asserted that the state's support for fossil fuels violated their constitutional rights by contributing to pollution that fuels climate change, thus infringing upon their right to a healthy environment.

The lawsuit was triggered by a Montana law that prohibited considering the impact of greenhouse gas emissions or climate change in environmental reviews.

Additionally, the state's fossil fuel-centered energy policy became a focal point for the plaintiffs' arguments. They contended that the state's stance on coal, oil, and gas was directly contradictory to their constitution's commitment to environmental well-being.

Led by Rikki Held, whose family ranch faced threats due to diminishing water supplies, the plaintiffs highlighted the tangible impacts of climate change on their lives.

Their lawsuit aimed not only to challenge Montana's support for fossil fuel industries but also to establish a legal precedent acknowledging the connection between fossil fuels and climate change.

Such a precedent would lay the groundwork for similar lawsuits in other states, encouraging a broader push for environmental accountability.

The state of Montana contested the lawsuit by disputing the scientific consensus that links fossil fuel emissions to climate change.

Despite this denial, U.S. District Court Judge Kathy Seeley ruled in favor of the young residents, recognizing the injuries they had endured and would continue to suffer due to the state's failure to address greenhouse gas emissions and climate change.

Judge Seeley's ruling acknowledged the plaintiffs' physical, mental, economic, and cultural injuries, underscoring the urgency of science-based actions to combat climate change.

Held v. Montana holds immense significance as a legal milestone. By securing a declaration that Montana's support for fossil fuel industries was unconstitutional, the plaintiffs paved the way for future environmental lawsuits in other states.

This case illustrates the power of judicial decisions in shaping environmental policies and encouraging accountability for the impacts of human activity on the planet.

The outcome of Held v. Montana serves as a rallying cry for activists, lawyers, environmentalists, and concerned citizens alike. It emphasizes the role of the legal system in holding governments accountable for their environmental decisions and actions.

As climate change continues to be a global concern, similar lawsuits are likely to gain traction, ultimately pressuring governments and industries to prioritize sustainable practices over short-term gains.

Held v. Montana stands as a testament to the determination of young individuals and gives us all hope in securing a healthier future.

It showcases the potential of the legal system to catalyze change, even in the face of resistance.

As the battle against climate change intensifies, the lawsuit's impact will likely reverberate far beyond Montana, inspiring others to take up the fight for a cleaner, more sustainable world.

“If All the Greedy People that Pollute can get Together & Show Strength in Unity – then Honest, Environmentalists Must Do the Same. You See – It’s as Simple As That.” George C. Keefe - ENCASEMENT Guy

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George C. Keefe/ ENCASEMENT Guy


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