Held v. State of Montana is a landmark climate case, decided in August of 2023, in which it was ruled that youth in the state of Montana have the right to a “stable climate system” and that Montana has the duty as a state to act forcibly to reduce climate emissions. While Held marks a turning point for climate justice in Montana, it throws into sharp focus the historic inaction of state governments when it comes to climate change. Its calls for Montana to protect the climate system for the sake of its citizens are important but do not adequately address the processes that would need to occur to thoroughly mitigate this problem in the present and the future. When it comes to litigation against the government, we need to ensure that the victories in the courthouse are eventually preserved in the law, protecting them from changing administrations and securing their place in influencing the country’s future.
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