This special edition of Ecotones is the final daily audio digest of the historic Held v State of Montana trial.
On the final day of this trial, one day before the summer solstice, on June 20, 2023, closing arguments were given before Judge Kathy Seeley, presiding judge of the Lewis and Clark District Court in Helena, MT.
Our Children’s Trust Senior Staff Attorney, Nate Bellinger, delivered the plaintiffs’ closing arguments, followed by Montana Assistant Attorney General, Michael Russell, delivering closing arguments for the State.
Before these remarks, plaintiffs’ attorney Philip Gregory, offered further information attacking the credibility of the State’s lone outside expert witness, economist Dr. Terry Anderson, submitting a report documenting errors of his sources and information, and asking the court to take judicial notice, which the court granted. The audio of this portion of the proceedings, which came before the closing arguments was problematic, and our best efforts only made marginal improvements, so we have put this portion at the end of this recording after the closing arguments.
This is a special edition of Ecotones, Part 2 of our daily audio digest for June 19, 2023, Day 6 of the historic Held v State of Montana. It was the second week of the trial, which began on June 12, 2023 in the Lewis & Clark County District Court in Helena, MT – Judge Kathy Seeley presiding. Attorneys for The 16 youth plaintiffs rested their case on Friday, June 16th.
Because of limited radio broadcast time, we had to leave Part 1 of the June 19, 2023 session after the direct examination of Sonja Nowakowski, Administrator for the Air, Energy, and Mining Division at Montana DEQ. We now continue with the cross examination of Administrator Nowakowski by Barbara Chillcott, Senior attorney with the Western Environmental Law Center (WELC).
This is followed by The final of only 3 state witnesses, Dr. Terry Anderson, an economist and senior fellow at the Hoover Institution at Stanford University, and emeritus professor at Montana State University. He presented a brief testimony of under 15 minutes of carefully limited inquiry from defense attorneys related to Energy Information Administration data on GHG emissions.
Under blistering cross examination by plaintiff attorney, Philip Gregory, Of Counsel with Our Children’s Trust, who asked about errors in his math and misinterpretation of data in Dr. Anderson’s expert report. The State initially objected, stating the questions exceeded the scope of their direct examination, which consisted of only five questions. However, plaintiffs’ counsel argued that the cross examination went to credibility of the witness. Judge Kathy Seeley overruled the State’s objections, allowing Mr. Gregory to pursue beyond scope of the direct to probe questions of his credibility.
The state had originally listed Dr. Judith Curry as one of their expert witnesses, however they withdrew her name last week without explanation, after pre-rebuttals by numerous plaintiff’s expert witnesses.
This special edition of Ecotones is a daily audio digest for June 19, 2023, Day 6 of the historic Held v State of Montana. It was the second week of the trial, which began on June 12, 2023 in the Lewis & Clark County District Court in Helena, MT – Judge Kathy Seeley presiding. Attorneys for The 16 youth plaintiffs rested their case on Friday, June 16th.
Today, The State of Montana’s Defense attorney, Lee McKenna of the Montana Dept. of Environmental Quality, called Christopher Dorrington, the Director of the Department of Environmental Quality to the stand. After answering her questions, he was cross examined by plaintiff attorney, Melissa Hornbein, senior attorney with Western Environmental Law Center (WELC). Director Christopher Norrington, was appointed to his position by Governor Gianforte in 2021.
The defense then called Sonja Nowakowski, Administrator for the Air, Energy, and Mining Division at Montana DEQ. In this edition we hear her testimony. But Due to broadcast time limitations, the cross examination of Ms Nowakowski by plaintiff attorney, Barbara Chillcott, senior attorney with WELC, will be in the next edition of Ecotones’ Daily Audio Diary.
As you will hear, Judge Seeley was called upon to make far more rulings on objections than during the first week.
We continue our coverage on this fourth day of the historicHeld v State of Montanaproceedings, sharing this audio daily digest from June 15, 2023.
In this edition, we feature the testimony of Peter Erickson, a climate change policy researcher for the Stockholm Environment Institute in Seattle, Washington.
He provided expert testimony on Montana’s contribution to global greenhouse gas emissions – via fossil fuel consumption, extraction, and infrastructure that the state of Montana permits – and how these emissions are both nationally and globally significant. “We are at a decision point about taking action on climate change,” Mr. Erickson said. “The world community has decided we must. Montana continues to issue fossil fuel permits.”
We have been recording and producing daily audio digests of the historic Held v State of Montana trial, brought by 16 youth plaintiffs asserting that their constitutional rights are being violated by the State of Montana, which began on June 12, 2023, in the Lewis and Clarke County District Court in Helena, MT, Judge Cathy Seeley presiding.
Dr. Mark Jacobson is cross-examined by Defense Attorney, Mark Stermitz as Judge Seeley presides.
We share this testimony from the morning of June 16, 2023 by Dr. Mark Jacobson, director of the Atmosphere/Energy program at Stanford University. Dr. Jacobson described the technological and economical feasibility to transition Montana off of fossil fuels by 2050 and supply its energy needs via water, wind, and solar (WWS). http://kgvm.org/show/held-v-state-of-montana-mark-jacobson-testimony-6-16-23/
We have been recording and producing daily audio digests of the historic Held v State of Montana trial, brought by 16 youth plaintiffs asserting that their constitutional rights are being violated by the State of Montana, which began on June 12, 2023, in the Lewis and Clarke County District Court in Helena, MT, Judge Cathy Seeley presiding.
We share the testimony of the final two witnesses for the plaintiffs, Dr. Lise Van Susteren, an internationally recognized psychiatrist and expert on how climate change affects the physical and mental health of youth differently and more drastically than adults. http://kgvm.org/show/held-v-state-of-montana-lise-van-susteren-testimony-6-16-23/
We will continue to record and produce these daily audio digests of the Held v State of Montanatrial as it continues on July 19, 2023 as the Defense presents their case with witnesses Terry Anderson, Christopher Dorrington and Sonja Nowakowski.
Welcome to this special edition of Ecotones. We continue our coverage on this fourth day of the historic Held v State of Montana proceedings, sharing this audio daily digest from June 15, 2023. In this edition, we feature three witnesses, but not in the order in which they actually testified on Thursday June 15th. Testifying first was youth plaintiff, Kian Tanner, followed by Montana Environmental Information Center Director of Policy and Legislative Affairs, Anne Hedges, and then youth plaintiff, Claire Vlases.
Claire Vlases testifies on 6-15-23, while Judge Kathy Seeley listens intently
Next is testimony from Anne Hedges, who is the Director of Policy and Legislative Affairs at the Montana Environmental Information Center, including cross examination by Defense Attorney for the State of Montana, Bain Johnson (apology if his name is misspelled). http://kgvm.org/show/held-v-state-of-montana-anne-hedges-testimony-6-15-23/
Due to radio broadcast time restraints, we were not able to include the testimony of the final witness on June 15, 2023, Peter Erickson, a climate change policy researcher for the Stockholm Environment Institute in Seattle, Washington. He provided expert testimony on Montana’s contribution to global greenhouse gas emissions – via fossil fuel consumption, extraction, and infrastructure that the state of Montana permits – and how these emissions are both nationally and globally significant. “We are at a decision point about taking action on climate change,” Mr. Erickson said. “The world community has decided we must. Montana continues to issue fossil fuel permits.”http://kgvm.org/show/held-v-state-of-montana-peter-erickson-testimony-6-15-23/
We will include audio of his testimony, as well as those of others we could not previously share, in later programs.
We continue our coverage of the historicHeld v State of Montana proceedings with this audio daily digest of the hearing from June 14, 2023. Dr. Lori Byron continued her testimony from June 13th, discussing Adverse Childhood Experiences (ACEs) and human generated catastrophic climate change. http://kgvm.org/show/held-v-state-of-montana-dr-lori-byron-testimony-6-13-23/
After cross examination of Dr. Byron by Defense Attorney for the State of Montana, Mark Stermitz, attorneys for the plaintiffs called Dr. Shane Doyle to the witness stand, testifying on behalf of his daughters, two of the youth plaintiffs, Ruby and Lillian Doyle. http://kgvm.org/show/held-v-state-of-montana-shane-doyle-testimony-6-14-23/
Beginning 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 ofHeld v. State of Montana began. We have recorded the proceedings via Zoom, and produced for you this daily audio digest.
Judge Seely opened the second day of this trial at 9 a.m on June 13, 2023, one year to the day of the Great Yellowstone River flood of 2022, which closed Yellowstone National Park, and wreaked havoc along the path of the river, including Livingston, hometown of one of the youth plaintiffs, Eva.
Dr. Cathy Whitlock
Today’s hearing began with expert testimony from Dr. Cathy Whitlock, an earth scientist and professor emeritus at Montana State University, who is an expert in environmental change and paleoclimatology, and was a lead author of the 2017 Montana Climate Assessment. http://kgvm.org/show/held-dr-cathy-whitlock-testimony-6-13-23/
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.
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
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