McGarvey Law, in collaboration with Western Environmental Law Center and Our Children’s Trust, are representing young people in the youth-led constitutional climate lawsuit.
On March 13, 2020, 16 young people from across the state of Montana filed their constitutional climate lawsuit against the state of Montana, asserting that, by supporting a fossil fuel-driven energy system, which is contributing to the climate crisis, Montana is violating their constitutional rights to a clean and healthful environment; to seek safety, health, and happiness; and to individual dignity and equal protection of the law. The youth plaintiffs also argue that the state’s fossil fuel energy system is degrading and depleting Montana’s constitutionally protected public trust resources, including the atmosphere, rivers and lakes, and fish and wildlife.
On August 4, 2021, the District Court ruled that we can proceed to trial.
The first Children’s Climate Trial in US History is set for 2023.