Montana Youth Activists Challenge New Laws Post-Held v. Montana Victory

In August 2023, a Montana judge ruled in favor of 16 youth plaintiffs in the landmark case Held v. Montana, asserting that state officials had violated their constitutional rights by promoting fossil fuels. The ruling was affirmed by the Montana Supreme Court in late 2024. The plaintiffs argued that the state's actions contributed to climate change, disproportionately affecting young people. However, following this judicial victory, Montana lawmakers enacted new legislation that the plaintiffs contend undermines the court's decision.

The Guardian

In 2025, the Montana legislature passed laws that contradict the findings of the Held decision. Notably, these laws restrict state agencies from adopting air quality standards that exceed those set by the federal Clean Air Act. This legislative move has been characterized as a "complete inversion" of the previous ruling, according to Nate Bellinger, supervising staff attorney at Our Children’s Trust, the nonprofit law firm involved in the case. Additionally, the amendments to the state’s Environmental Policy Act limit the scope of climate-warming gases that agencies must consider during environmental reviews and explicitly exclude upstream and downstream emissions from analysis.

The Guardian

In response to these developments, 13 of the 16 plaintiffs filed a petition with the Montana Supreme Court, seeking to strike down the new laws. Rikki Held, the lead petitioner and a named plaintiff in the original case, emphasized the urgency of the situation, stating, “These new policies mean the state is going to just continue to act in a way that will increase greenhouse gases.” The petition argues that the new laws violate the constitutional guarantee of a “clean and healthful environment” and are a direct response to the youth's previous legal success.

The Guardian

Critics of the new laws, including Bellinger, assert that the legislative actions were explicitly designed to counter the youth activists' victory. He noted that state lawmakers had signaled their intent to challenge the court's ruling even before the legislative session began. The youth activists argue that the state's recent actions reflect a broader trend of undermining climate regulations, particularly in light of the Trump administration's policies favoring fossil fuel production.

The Guardian

• “These new policies mean the state is going to just continue to act in a way that will increase greenhouse gasses which during the Held case were shown to be disproportionately harming youth,” — Rikki Held, Lead Petitioner

The Guardian

• “Those provisions are unconstitutional,” — Nate Bellinger, Supervising Staff Attorney, Our Children’s Trust

The Guardian

• “We need to get these laws off the books as quick as possible so they can have all the tools they need before them to deny those permits and not feel like they have to approve,” — Nate Bellinger, Supervising Staff Attorney, Our Children’s Trust

The Guardian

The Montana Supreme Court is expected to review the petition challenging the new laws. The outcome will determine whether the state will be required to adhere to the constitutional protections established in the Held v. Montana case, or if the recent legislative changes will remain in effect, potentially hindering environmental protections in the state.

The Guardian