A Montana court ruled that youth have a right to a livable climate. Now, lawsuits around the country are working to build on that success
, first filed in 2015, also has new momentum — as it now has a clear path to a trial.
Similar to Montana, the litigants are claiming a violation of the state constitution’s mandate to “conserve and protect Hawaii’s natural beauty and all natural resources.” The aim, Olson insists, “is to have the court rule that Hawaii’s conduct is unconstitutional. They’re gonna miss their own deadlines. And they’re violating these these youths rights as a result.”
A lower court dismissed the complaint without considering the merits, making an extreme claim that state courts don’t have jurisdiction to shape the state’s fossil fuel policy. In a rare step, the Utah Supreme court has now agreed to hear the case directly, bypassing the normal appellate court process. That high court, Olson insists, “will decide is whether the Utah constitution actually protects a right to life — and not to have your lifespan shortened by government conduct.”Juliana v.
The Montana litigation, decided in a state court, does not provide direct precedent for the federal case. But it does knock the legs out out from under federal claims that thecase is too sprawling for the courts to handle. The Montana case was argued in just seven days. “It is a good example as a model for the feasibility of a trial on these issues,” Olson insists. “And then in ruling itself, the judge pointed to similar provisions — that the U.S.
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