At 9 a.m. on Monday, June 12, 2023, in the Lewis & Clark County District Court in Helena, Judge Kathy Seely presiding, attorneys for 16 youth plaintiffs in the case of Held v. State of Montana began. We recorded the proceedings via Zoom, and produced this audio digest, which begins with opening statements by Plaintiff Attorney, Roger Sullivan, and Defense Attorney for the State of Montana, Assistant Attorney General, Michael D. Russel, which is broadcast in their entirety.

The plaintiff’s first expert witness was Mae Nan Ellingson, who had been the youngest delegate to the 1972 Montana Constitutional Convention, which established inalienable rights to “a clean and healthy environment,” which she spoke of passionately and proudly. She explained the process by which a bipartisan group of 100 delegates from all over the state of Montana met 51 years ago to create our current Montana State Constitution. http://kgvm.org/show/held-mae-nan-ellingson-testimony-6-12-23/

Then, the lead plaintiff, Ricki Held, was called to the stand. Unfortunately, there were technical problems that rendered her testimony so garbled, that we can not offer it in this audio digest. She spoke about the impacts that, just in her lifetime, have negatively affected her life and her family’s livelihood on their 3,000 acre ranch and motel near Broadus, MT, particularly the effects of drought and flood on the Powder River, which runs through it. http://kgvm.org/show/held-v-state-of-montana-ricki-held-testimony-6-12-23/

Fortunately, the audio problems were addressed by the time Steven Running, International Panel on Climate Change 2007 Nobel Laureate and University of Montana professor emeritus of ecosystem and conservation sciences, took the stand. Plaintiff attorney, Philip Gregory, questioned Professor Running at length about numerous aspects of the science of climate change, which we excerpt in this broadcast. Defense attorney, Mark Stermitz, raised several objections most of which Judge Seely denied. We include Mr. Stermitz’s entire cross-examination of Professor Running. http://kgvm.org/show/held-dr-steve-running-testimony-6-12-23/

In the afternoon, two more of the youth plaintiffs took the stand, Grace Gibson-Snyder, from Missoula, MT, who was 16 when the lawsuit was filed and is now 19, testified how smoke and excess heat affect her ability to play soccer, hike or any outdoor activity because of threats to our health. Here is an excerpt from her testimony. http://kgvm.org/show/held-v-state-of-montana-grace-testimony/

Eva, from Livingston, MT, who is now 17, but was 14 when the suit was filed, declined to give her last name on the stand. She testified to the effects climate change has had on her and her family. She described 7 hours of packing sand into sand bags as the waters were swiftly rising during last year’s flood of the Yellowstone River, which she noted occurred one year and a day before this trial was beginning, on June 13, 2022. Her family was forced to move from their home, when bridges connecting them to Livingston washed out in 2018.

Time prevented us from including audio from Eva’s testimony, but as soon as possible, we will post all of the testimony on kgvm.org http://kgvm.org/show/held-v-state-of-montana-eva-testimony-6-12-23/

According to a press release from Our Children’s Trust, “Held v. State of Montana is a constitutional climate lawsuit brought by 16 Montana youth against their State to protect their equal rights to a healthy environment, life, dignity, and freedom. They are suing because their government keeps promoting and supporting fossil fuel extraction and burning, which is worsening the climate crisis and harming these youths’ lives.

The youth are suing to protect their state constitutional right to a “clean and healthful environment” as well as the air, waters, wildlife and their public lands that are threatened by drought, heat, fires, smoke, and floods. They are also suing to have their rights to individual dignity and equality enforced under the Montana Constitution.

The youth plaintiffs do not seek money. They are asking the court to declare that Montana’s fossil fuel energy policies and actions violate young people’s state constitutional rights.

The 16 youth plaintiffs in this case are represented by attorneys with Our Children’s Trust, the Western Environmental Law Center, and McGarvey Law.

Our Children’s Trust is the world’s only nonprofit public interest law firm that exclusively provides strategic, campaign based legal services to youth from diverse backgrounds to secure their legal rights to a safe climate. We work to protect the Earth’s climate system for present and future generations by representing young people in global legal efforts to secure their binding and enforceable legal rights to a healthy atmosphere and safe climate, based on the best available science. Globally, we support youth-led climate cases in front of national courts, regional human rights courts, and UN bodies.” http://www.ourchildrenstrust.org

Articles pertinent to this case:

Constitutional climate change trial opens in Helena https://montanafreepress.org/2023/06/12/constitutional-climate-change-trial-opens-in-helena/

Who is ‘Held’ of Held v. State of Montana? https://montanafreepress.org/2023/06/05/who-is-held-of-held-v-state-of-montana/

Montana Lawmakers Double Down on Fossil Fuels in 2023 Legislative Session https://mtclimatecase.flatheadbeacon.com/montana-lawmakers-double-down-on-fossil-fuels-in-2023-legislative-session/

‘To a Clean and Healthful Environment’ https://mtclimatecase.flatheadbeacon.com/to-a-clean-and-healthful-environment/

For the Busse Brothers, Climate Change is a Reality — and a Violation of Constitutional Rights https://mtclimatecase.flatheadbeacon.com/for-the-busse-brothers-climate-change-is-a-reality-and-a-violation-of-constitutional-rights/

Running Toward a Future in the Face of Climate Change https://mtclimatecase.flatheadbeacon.com/running-toward-a-future-in-the-face-of-climate-change/

Battle for a Better Future https://mtclimatecase.flatheadbeacon.com/battle-for-a-better-future/

‘Game changing’: spate of US lawsuits calls big oil to account for climate crisis https://www.theguardian.com/us-news/2023/jun/07/climate-crisis-big-oil-lawsuits-constitution

Montana Youth Prepare for Trial in Bellwether Climate Case Against State https://mtclimatecase.flatheadbeacon.com/held-v-montana/