Children have a constitutional right to a healthy environment, US court rules

The plaintiffs in the case — pictured in June — are between five and 22 years old. Photo: GETTY IMAGES

A group of young people Environmental activists have won a groundbreaking legal victory after a court in Montana ruled that their right to a «clean» environment is being violated by fossil fuel development.

Described the first in its litigation by its supporters as a «game changer» that could spark a wave of similar cases aimed at combating the climate crisis.

The case was brought by 16 activists, the youngest of whom is only five years old. The oldest was 22 years old.

The group sued the state of Montana, alleging that its fossil fuel policies contribute to climate change.

They argued that their right to clean environmental protection is enshrined in the state constitution.

Young activists have given emotional testimony detailing the trauma they claim they have suffered as a result of climate change.

The 15-year-old asthmatic described himself as «prisoner» in his own home for a period of time. strong smoke from wildfires.

The group is suing Montana, alleging that the state's fossil fuel policy contributes to climate preservation. edit Photo: GETTY IMAGES

22-year-old Ricky Held details how extreme weather has damaged her family's ranch.

«I know climate change is a global issue, but the state of Montana needs to take responsibility for its part in this,» she told the court.

The Montana District Court ruled that a state law banning agencies accounting for the impact of greenhouse gases in permits for coal, natural gas, and other fossil fuel projects was unconstitutional.

Judge Cathy Seeley wrote in the ruling that Montana's emissions «have been proven to be significant factor causing climate impacts on Montana's environment, and harm and harm» to youth.

Montana, a major coal producer, has the largest recoverable coal reserves in the country.

It is also one of the few US states with environmental protection in its constitution, which guarantees the right to a «clean and healthy environment» .

Julia Olson, a lawyer representing young activists, called the decision a victory «for Montana, for youth, for democracy, and for our climate.»

This decision could set an important legal precedent. fuel contamination, today's ruling in Montana is a game-changer and marks a turning point in this generation's efforts to save the planet from the devastating effects of human-caused climate chaos.»

Emily Flower, Representative Montana Attorney General Austin Knudsen condemned the decision as «absurd» and said the office plans to appeal the decision.

She criticized the judge for allowing a group of young activists to wear what she called a «taxpayer». funded publicity stunt.»

If the decision stands, it could set an important legal precedent.

However, Montana's legislature must determine how to bring state policy into line.

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This leaves little chance for immediate change in a fossil-fuel-friendly state where Republicans dominate the statehouse.