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western environmental law center
'Monumental Win': Montana Supreme Court Upholds Decision on Youth Climate Case
The court, said one attorney, "has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests."
Dec 18, 2024
Youth plaintiffs celebrated on Wednesday after the Montana Supreme Court upheld a judge's August 2023 decision that the state government's promotion of climate-wrecking fossil fuels violates the young residents' state constitutional rights.
"This ruling is a victory not just for us, but for every young person whose future is threatened by climate change," said Rikki Held, the named plaintiff for Held v. State of Montana, in a statement. "We have been heard, and today the Montana Supreme Court has affirmed that our rights to a safe and healthy climate cannot be ignored."
Highlighting that "this will forever be in the court record, despite any continued rhetoric of denial coming from people in power in the state," Grace, another plaintiff, said, "I am thrilled that the Montana Supreme Court has sided with Montana citizens to protect the people and the places we love."
Another plaintiff, Olivia, welcomed the ruling as "a monumental win" and "a call to action for all Montanans."
Plaintiff Georgi similarly asserted that "this is a time for Montana to embrace the future—clean energy offers economic benefits and new jobs," and added that "we look forward to working with the state to implement this transition and ensure that Montana leads the way in tackling the climate crisis."
Plaintiff Kian pointed to other ongoing cases across the globe, declaring that "this ruling is not just a win for Montana—it's a signal to the world that youth-led climate action is powerful and effective."
"We hope this decision inspires others across the country and beyond to stand up for their rights to a livable climate," Kian continued. Just as the youth plaintiffs in Navahine v. Hawaii Department of Transportation secured historic climate justice through a settlement this past June, the eyes of the world are now on us, seeing how youth-driven legal action can create real change."
In Montana, the state government appealed District Court Judge Kathy Seeley's historic ruling in favor of the 16 young plaintiffs to the state's highest court, which heard arguments in July. Wednesday's 6-1 decision—only Justice Jim Rice dissented—is the first of its kind for a state supreme court.
The majority's 70-page opinion discusses the drafters of the Montana Constitution, which says in part that "the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations," and "the Legislature shall provide for the administration and enforcement of this duty."
Chief Justice Mike McGrath wrote that the court's majority rejects "the argument that the delegates—intending the strongest, all-encompassing environmental protections in the nation, both anticipatory and preventative, for present and future generations—would grant the state a free pass to pollute the Montana environment just because the rest of the world insisted on doing so."
"The district court's conclusion of law is affirmed: Montana's right to a clean and healthful environment and environmental life support system includes a stable climate system, which is clearly within the object and true principles of the framers' inclusion of the right to a clean and healthful environment," the chief justice added.
Attorneys for the plaintiffs joined the young Montanans in applauding the opinion. Nate Bellinger of Our Children's Trust said that "this is a monumental moment for Montana, our youth, and the future of our planet."
"Today, the Montana Supreme Court has affirmed the constitutional rights of youth to a safe and livable climate, confirming that the future of our children cannot be sacrificed for fossil fuel interests," he added. "This is a victory for young people and for generations to come. The court said loud and clear: Montana's Constitution does not grant the state a free pass to ignore climate change because others fail to act—this landmark decision underscores the state's affirmative duty to lead by example."
Melissa Hornbein, senior attorney with the Western Environmental Law Center, noted that "the Montana Supreme Court's decision compels the state to carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits."
"Specifically, Montana's regulatory agencies must now evaluate the potential harm to the environment and the health and safety of the state's children from any new fossil fuel projects, and determine whether the project can be justified in light of the ongoing unconstitutional degradation of Montana's environment, natural resources, and climate," she explained. "This ruling clarifies that the constitution sets a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation on a per capita basis, and to transition to a clean, renewable energy future."
Whether the state government will comply with the decision remains to be seen. In a statement to The Hill, a spokesperson for Republican Montana Attorney General Austin Knudsen's office called the ruling "disappointing, but not surprising" and claimed that the court majority "yet again ruled in favor of their ideologically aligned allies and ignored the fact that Montana has no power to impact the climate."
Separately, Knudsen on Tuesday filed his 59th lawsuit against the Biden administration, challenging its plan to halt federal coal production in the Powder River Basin, which the attorney general said would "effectively kill Montana's coal industry."
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US Government Sued Over 'Unethical Destruction' of Wolf Population
"The Fish and Wildlife Service is thumbing its nose at the Endangered Species Act and letting wolf-hating states sabotage decades of recovery efforts," said one conservation leader.
Apr 08, 2024
A pair of conservation coalitions on Monday made good on their threats to sue the U.S. government over its denial of federal protections for gray wolves in the northern Rocky Mountains, where state killing regimes "put wolves at obvious risk of extinction in the foreseeable future."
The organizations filed notices of their plans for the lawsuits in early February, after the U.S. Fish and Wildlife Service (FWS) determined that Endangered Species Act protections for the region's wolves were "not warranted." The Interior Department agency could have prevented the suits in the U.S. District Court for the District of Montana by reversing its decision within 60 days but refused to do so.
"The Biden administration and its Fish and Wildlife Service are complicit in the horrific war on wolves being waged by the states of Idaho, Wyoming, and Montana," declared George Nickas, executive director of Wilderness Watch, one of 10 organizations represented by the Western Environmental Law Center (WELC).
"Idaho is fighting to open airstrips all over the backcountry, including in designated wilderness, to get more hunters to wipe out wolves in their most remote hideouts," Nickas noted. "Montana is resorting to night hunting and shooting over bait and Wyoming has simply declared an open season."
"These states are destroying wolf families in the northern Rockies and cruelly driving them to functional extinction via bounties, wanton shooting, trapping, snaring, even running over them with snowmobiles."
Brooks Fahy, executive director of Predator Defense, another WELC group, pointed out that "these states are destroying wolf families in the northern Rockies and cruelly driving them to functional extinction via bounties, wanton shooting, trapping, snaring, even running over them with snowmobiles. They have clearly demonstrated they are incapable of managing wolves, only of killing them."
KC York, founder and president of Trap Free Montana, also represented by WELC, said that "Montana, Idaho, and Wyoming know that they were let off the hook in their brutal and unethical destruction of wolves even acknowledged as such by the service."
"They set the stage for other states to follow," York warned. "We are already witnessing the disturbing onset of giving the fox the key to the hen house and abandoning the farm. The maltreatment is now destined to worsen for these wolves and other indiscriminate species, through overt, deceptive, well-orchestrated, secretive, and legal actions."
The other organizations in the WELC coalition are Alliance for the Wild Rockies, Friends of the Clearwater, International Wildlife Coexistence Network, Nimiipuu Protecting Our Environment, Protect the Wolves, Western Watersheds Project, and WildEarth Guardians.
The second lawsuit is spearheaded by the Center for Biological Diversity, Humane Society of the United States, Humane Society Legislative Fund, and Sierra Club, whose leaders took aim at the same three states for their wolf-killing schemes.
"The states of Montana, Idaho, and Wyoming act like it's 1880 with the most radical and unethical methods to kill as many wolves as possible in an effort to manage for bare minimum numbers," said Sierra Club northern Rockies field organizer Nick Gevock. "This kind of management is disgraceful, it's unnecessary, and it sets back wolf conservation decades, and the American people are not going to stand by and allow it to happen."
"Rather than allow states to cater to trophy hunters, trappers, and ranchers, the agency must ensure the preservation of wolves."
Margie Robinson, staff attorney for wildlife at the Humane Society of the United States, stressed that "under the Endangered Species Act, the U.S. Fish and Wildlife Service cannot ignore crucial scientific findings. Rather than allow states to cater to trophy hunters, trappers, and ranchers, the agency must ensure the preservation of wolves—who are vital to ensuring healthy ecosystems—for generations to come."
The Center for Biological Diversity's carnivore conservation program director, Collette Adkins, was optimistic about her coalition's chances based on previous legal battles, saying that "we're back in court to save the wolves and we'll win again."
"The Fish and Wildlife Service is thumbing its nose at the Endangered Species Act and letting wolf-hating states sabotage decades of recovery efforts," Adkins added. "It's heartbreaking and it has to stop."
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Groups to Sue Feds for Refusing to Protect Wolves in Western US
"The current killing regimes in Idaho, Montana, and Wyoming put wolves at obvious risk of extinction in the foreseeable future, and this core population is key to wolf survival in the West."
Feb 07, 2024
Two coalitions of conservation groups on Wednesday filed notices of their intent to sue the U.S. government for not granting federal endangered or threatened species protections to gray wolves in the northern Rocky Mountains or across the western United States.
The notices, sent to U.S. Secretary of the Interior Deb Haaland and Fish and Wildlife Service Director Martha Williams, give the FWS 60 days to change its finding that Endangered Species Act (ESA) protections for the region's wolves are "not warranted," or face two lawsuits. The agency's finding was
announced last week and published in the Federal Register Wednesday.
Since a congressional legislative rider and court battles stripped the area's wolves of ESA protections over a decade ago, states have stepped up their killing efforts while local and national groups have fought to protect the animals—including with a pair of petitions calling on FWS to reconsider the issue, which led to the service's latest finding.
"It's beyond frustrating that federal officials are harming wolf recovery by denying wolves in the northern Rockies the powerful federal protections they deserve," declared Andrea Zaccardi, carnivore conservation legal director at the Center for Biological Diversity, which has partnered with the Humane Society of the United States, Humane Society Legislative Fund, and the Sierra Club.
"Unlike the Fish and Wildlife Service, we refuse to sanction the annual slaughter of hundreds of wolves."
"Unlike the Fish and Wildlife Service, we refuse to sanction the annual slaughter of hundreds of wolves," she continued. "Allowing unlimited wolf killing sabotages decades of recovery efforts in the northern Rockies, as well as those in neighboring West Coast and southern Rockies states."
Nick Gevock, Sierra Club field organizer for the northern Rockies, specifically called out FWS for failing to recognize the impacts of policies in Idaho and Montana, asserting that "the regimens these states have pursued are reminiscent of the 1800s effort to eradicate wolves, and they have no place in modern wildlife management."
In recent years, Montana legislators have
advanced various measures opposed by conservationists and experts, including a "bounty program" law to reimburse hunters and trappers for their expenses. In Idaho, the state can use taxpayer money to hire private contractors to kill wolves, and there is no limit on how many wolf tags hunters can obtain.
"Nearly 30 years after wolves were reintroduced to Yellowstone National Park, wolves in the region are once again in danger of extinction," said Margie Robinson, staff attorney for wildlife at the Humane Society of the United States. "The U.S. Fish and Wildlife Service must make decisions that protect precious native wildlife for generations to come, rather than allowing states to cater to trophy hunters, trappers, and ranchers."
Yellowstone stretches across parts of Idaho and Montana but is largely in Wyoming, which has come under fire for designating gray wolves as "predatory animals" across much of the state, meaning they can be killed without a license.
Members of the coalition represented by the Western Environmental Law Center (WELC) also blasted all three states' policies. Erik Molvar, a wildlife biologist and executive director of the Western Watersheds Project, warned that "the current killing regimes in Idaho, Montana, and Wyoming put wolves at obvious risk of extinction in the foreseeable future, and this core population is key to wolf survival in the West."
Both coalitions argue that the FWS ignored "the best available science" and should not rely on the states' wolf tallies. Molvar said that "even if the states' population estimates were defensible—and they aren't, according to recent scientific analyses—the feds are underestimating the extinction agendas of anti-wolf state governments and the small and tentative state of recovering wolf populations elsewhere in the West."
Brooks Fahy, executive director of Predator Defense, also part of the WELC coalition, stressed that "Idaho, Montana, and Wyoming have become the poster children for what happens when politics trumps science."
"They are cruelly driving wolves in the northern Rockies to extinction via wanton shooting, trapping, snaring, even driving over them with a snowmobile," Fahy said. "Science shows us the importance of intact pack structures. Each family member has a vital role to play and they grieve each loss."
Joining the Molvar and Fahy's groups are the Alliance for the Wild Rockies, Friends of the Clearwater, International Wildlife Coexistence Network, Nimiipuu Protecting Our Environment, Protect the Wolves, Trap Free Montana, WildEarth Guardians, and Wilderness Watch.
"It's deeply concerning to hear that the U.S. Fish and Wildlife Service has decided not to list gray wolves, a sacred species to Native Americans in the western U.S., under the Endangered Species Act, while ignoring traditional sacred religious beliefs of traditional Native Americans," said Roger Dobson of Protect the Wolves.
"It's important to protect these intelligent and family-oriented predators to maintain ecosystem health, and to protect Native American sacred religious beliefs," Dobson added. "Hopefully, the service will take steps to address the problems with their determination before it's too late for these native wildlife species, before violating Indigenous religious beliefs."
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