Kids’ climate case set for Supreme Court oral argument

The oral arguments will take place in the Old Supreme Court Chambers at the state Capitol on Wednesday, July 10, starting at 9:30 a.m.

While the high court could have made a ruling based solely on the written briefs, it has opted to proceed with oral arguments.

Last August, District Court Judge Kathy Seeley ruled that the state is infringing on the plaintiffs’ constitutional right to a “clean and healthful environment” by not considering greenhouse gas emissions and climate change impacts when issuing permits under the Montana Environmental Policy Act (MEPA). Her decision invalidated a state law that prohibited Montana agencies from factoring in the effects of climate change when granting permits.

Seeley’s groundbreaking ruling in favor of the plaintiffs, a group of 16 Montana youth, gained global attention as one of the first significant court rulings for climate activists.

Following the appeal by Gov. Greg Gianforte and agencies under his authority, including the Department of Transportation, the Department of Environmental Quality, and the Department of Natural Resources and Conservation, the case has moved to the State Supreme Court.

The appellants will have 40 minutes to present their argument, while the children’s attorneys will have 30 minutes, according to the notice.

If the children succeed after oral arguments, the decision will not establish “binding legal precedent” in other states, but could potentially inspire future climate cases, as noted by a climate law expert to the Montana State News Bureau.

Three of the plaintiffs—Badge and Lander Busse and Rikki Held—are the children of men running for elected office this year, including Democratic governor candidate Ryan Busse and Eastern congressional candidate Steve Held, both Democrats.