Kids Sue for Climate Action... and Win!

Rikki Held grew up on a ranch in southeast Montana. At 4 years old, she learned to ride a horse and round up cattle. When she wasn’t baling hay and building fences, she and her twin brother would swim in the Powder River, which ran through their family’s land. As a kid, Held didn’t really think about climate change—until she started seeing its effects with her own eyes.

First, a drought caused the Powder River to dry up. Years later, warm weather melted winter snow early, causing the river to overflow. The floodwaters sucked in fences and almost reached Held’s home. Each summer, worsening wildfires would burn fields, destroy power lines, and fill the sky with ash. It became dangerous for Held’s family to work in the heat and smoke.

Held knew she had to do something to protect her family’s livelihood and future. “This is my home,” says Held, now 22. “I get emotional about it. I don’t know what the future of the ranch will be.” So in 2019, she joined 15 other young people from across Montana in a historic lawsuit: Held v. State of Montana. (The case carries Held’s name because she is the lead plaintiff, or person who initiated the lawsuit.)

In the summer of 2023, the young people, whose ages now range from 6 to 22, appeared in court to state their case. They argued that policies made by the Montana government were contributing to climate change, violating their rights to a healthy environment.

Rikki Held grew up on a ranch in southeast Montana. At age 4, she learned to ride a horse and round up cattle. Held baled hay and built fences. The Powder River ran through her family’s land. She and her twin brother liked to swim in it. As a kid, Held didn’t really think about climate change. Then she started to see its effects herself.

First drought dried up the Powder River. Years later, warm weather melted winter snow early. That made the river overflow. The floodwaters sucked in fences and almost reached Held’s home. Wildfires got worse. Each summer, they burned fields, destroyed power lines, and filled the sky with ash. It became dangerous for Held’s family to work in the heat and smoke.

Her family’s livelihood and future were at risk. Held knew she had to do something. “This is my home,” says Held, now 22. “I get emotional about it. I don’t know what the future of the ranch will be.” So in 2019, she joined 15 other young people from across Montana. They filed a historic lawsuit: Held v. State of Montana. (The case carries Held’s name because she is the lead plaintiff. That’s a person who starts a lawsuit.)

These young people are now ages 6 to 22. In the summer of 2023, they appeared in court to state their case. They argued that the Montana government’s policies contribute to climate change. And that violates their rights to a healthy environment.

Energy production is big business in Montana. The state has large deposits of coal, oil, and natural gas. When burned, these fossil fuels release greenhouse gases, like carbon dioxide, that trap heat in Earth’s atmosphere. This is causing the planet’s temperature to rise, driving the climate crisis (see Climate Change by the Numbers). It’s estimated that by extracting, processing, exporting, and burning fossil fuels, the state of Montana produces as much carbon dioxide each year as countries like Argentina, the Netherlands, or Pakistan.

Montana has passed laws that encourage energy companies to do business in the state. That includes a law forbidding government employees from considering how new projects like coal mining and gas pipelines contribute to climate change. Lawyers at Our Children’s Trust, a nonprofit law firm in Eugene, Oregon, felt that this law went against Montana’s constitution, a set of rules that specifically guarantees the state’s citizens the “right to a clean and healthful environment.”

Energy production is big business in Montana. The state has large deposits of coal, oil, and natural gas. When these fossil fuels burn, they release greenhouse gases like carbon dioxide. The gases trap heat in Earth’s atmosphere. This causes the planet’s temperature to rise, and it drives the climate crisis (see Climate Change by the Numbers). Montana produces carbon dioxide when it extracts, processes, exports, and burns fossil fuels. Each year, the state produces about as much carbon dioxide as countries like Argentina, the Netherlands, or Pakistan.

Montana laws encourage energy companies to do business in the state. That includes a law about new projects like coal mining and gas pipelines. It forbids government employees from considering how these projects contribute to climate change. Our Children’s Trust is a nonprofit law firm in Eugene, Oregon. Its lawyers felt that this law went against Montana’s constitution. A constitution is the set of rules for the state. Montana’s constitution gives the state’s citizens the “right to a clean and healthful environment.”

Our Children’s Trust specializes in youth climate lawsuits. These cases are part of a growing global movement of young people using the law to address climate change (see Climate Court). Over the years, Our Children’s Trust has filed dozens of lawsuits to hold U.S. governments accountable for policies that harm the environment (see Teens vs. Climate Change, Science World, September 18, 2017). Most cases were dismissed before they could go to trial, often because the government being sued argued it wasn’t the court’s job to make decisions on climate policy.

In 2019, lawyers from Our Children’s Trust began connecting with young people in Montana. Held and 15 others joined the case. The group demanded that their state stop promoting energy policies that contribute to climate change.

Our Children’s Trust focuses on youth climate lawsuits. These cases are part of a growing movement. Around the world, young people are using the law to address climate change (see Climate Court). Over the years, Our Children’s Trust has filed dozens of lawsuits against U.S. governments. They sue over policies that harm the environment (see Teens vs. Climate Change, Science World, September 18, 2017). When governments were sued, they often argued that courts shouldn’t decide climate policy. So most cases were dismissed and didn’t go to trial.

In 2019, lawyers from Our Children’s Trust connected with young people in Montana. Held and 15 others joined the case. Their state promotes energy policies that contribute to climate change, said the group. And they demanded that this stop.

In 2020, Held and the other plaintiffs filed their lawsuit. Montana judge Kathy Seeley considered their case—and decided it had enough merit to go to trial. Hearings can take some time to schedule, but after three years, the group finally got their day in court.

For one week, lawyers on both sides laid out their arguments. Seeley heard from climate experts who explained that burning fossil fuels worsens climate change, leading to extreme weather like heat waves, hurricanes, floods, and wildfires. Each day, Held and the other plaintiffs also stood up to tell the judge their stories.

Kian Tanner, age 18, told the court that he loves fishing with his dad and skiing with his mom. But now, local fish populations are declining, and snow is scarcer in the wintertime. Grace Gibson-Snyder, age 19, talked about how the Clark Fork River—where she spent summers swimming and tubing—is drying up.

In 2020, Held and the other plaintiffs filed their lawsuit. Montana judge Kathy Seeley considered their case. She decided it was strong enough to go to trial. Hearings can take some time to schedule. After three years, the group finally went to court.

For one week, lawyers on both sides made their arguments. Seeley also heard from climate experts. They explained that burning fossil fuels worsens climate change. This leads to extreme weather like heat waves, hurricanes, floods, and wildfires. Each day, Held and the other plaintiffs also told the judge their stories.

The court heard from Kian Tanner, age 18. He said that he loves fishing with his dad and skiing with his mom. But now, local fish numbers are dropping. And less snow falls in the winter. Grace Gibson-Snyder, age 19, talked about the Clark Fork River. She swam and tubed there during the summers. But the river is drying up.

Sariel Sandoval, 20, is a member of the Bitterroot Salish, Upper Pend d’Oreille, and Diné Indigenous tribes. She explained that she loves collecting traditional foods and medicines like bear root, huckleberry, and sweetgrass. But these plants have become harder to find because of drought. “When you have this relationship to the land, it’s hard seeing the way climate change is affecting it, the harm that’s being done,” said Sandoval.

About eight weeks after the trial, Seeley announced her ruling. “The plaintiffs have proven that as children and youth they are disproportionately harmed by fossil fuel pollution and climate impacts,” she wrote. The kids won their case!

Sariel Sandoval, 20, told her story. She is a member of the Bitterroot Salish, Upper Pend d’Oreille, and Diné Indigenous tribes. She loves collecting traditional foods and medicines. They include bear root, huckleberry, and sweetgrass. Now these plants are harder to find because of drought. “When you have this relationship to the land, it’s hard seeing the way climate change is affecting it, the harm that’s being done,” said Sandoval.

The trial ended. About eight weeks later, Seeley announced her ruling. “The plaintiffs have proven that as children and youth they are disproportionately harmed by fossil fuel pollution and climate impacts,” she wrote. The kids won their case!

So what does this decision mean for the future of climate action in Montana—and elsewhere? Because of Held v. State of Montana, officials in Montana are now required to consider climate change in their decision-making. Held could also influence other cases across the U.S., says Michael Gerrard, an environmental lawyer at the Sabin Center for Climate Change Law in New York. Judges might use it as a basis to rule in favor of climate action. The case also inspired nine other states, including Texas, Maine, and Kentucky, to push to change their constitutions to include the right to a healthy environment.

Held and the other young people who were part of the case see their win as a huge victory for kids and the planet. “We are heard!” said Kian Tanner after the decision was announced. “The elation and joy in my heart is overwhelming in the best way. We set the precedent not only for the United States, but for the world.”

So what does this decision mean? Held v. State of Montana may affect future climate action in Montana and other places. Now officials in Montana must consider climate change in their decision making. Held could also influence other cases across the U.S., says Michael Gerrard. He’s an environmental lawyer at the Sabin Center for Climate Change Law in New York. Because of this case, other judges might rule in favor of climate action. And now nine other states want to add the right to a healthy environment to their constitutions. They include Texas, Maine, and Kentucky.

Held and the other young people won their case, but not just for themselves. They see it as a huge victory for kids and the planet. “We are heard!” said Kian Tanner after the decision was announced. “The elation and joy in my heart is overwhelming in the best way. We set the precedent not only for the United States, but for the world.”