Category Archives: Environment

Held v State of Montana Opening & Closing Arguments

Since the historic Held v. State of Montana trial began on June 12, 2023, in the Lewis and Clark County District Court in Helena, MT, Judge Kathy Seeley presiding, we have been recording and archiving the audio to preserve the record, to inform and allow listeners to hear for what transpired.

For the first time in the United States, youth plaintiffs were able to present their case in a court of law, that the state of Montana was denying them their inalienable constitutional rights under Article II Section 3 of the Montana State Constitution

“to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.” ….. were being denied and violated by the policies and actions of their government.

Further, that The State was in violation of their responsibilities as required under Article IX, Environment and Natural Resources, Section 1. Protection and Improvement that “The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. Section 2. The legislature shall provide for the administration and enforcement of this duty. and Section 3. The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources. ”

In this edition of Ecotones, we share the opening arguments given in Held v State of Montana on Monday, June 12, 2023, as well as the closing arguments from Tuesday, June 20, 2023

Here is a list of the unedited testimonies of witnesses in this trial in chronological order of their appearance:

Mae Nan Ellingson http://kgvm.org/show/held-mae-nan-ellingson-testimony-6-12-23/

Ricki Held http://kgvm.org/show/held-v-state-of-montana-ricki-held-testimony-6-12-23/

Dr. Steven Running http://kgvm.org/show/held-dr-steve-running-testimony-6-12-23/

Grace Gibson-Snyder http://kgvm.org/show/held-v-state-of-montana-grace-testimony/

Eva http://kgvm.org/show/held-v-state-of-montana-eva-testimony-6-12-23/

Dr. Cathy Whitlock http://kgvm.org/show/held-dr-cathy-whitlock-testimony-6-13-23/

Mica http://kgvm.org/show/held-v-state-of-montana-mica-testimony-6-13-23/

Dr. Daniel Fagre http://kgvm.org/show/held-v-state-of-montana-dr-dan-fagre-6-13-23/

Badger Busse http://kgvm.org/show/held-v-state-of-montana-badge-testimony-6-13-23/

Dr. Lori Byron http://kgvm.org/show/held-v-state-of-montana-dr-lori-byron-testimony-6-13-23/

Dr. Shane Doyle http://kgvm.org/show/held-v-state-of-montana-shane-doyle-testimony-6-14-23/

Michael Durglo, Jr. http://kgvm.org/show/held-v-state-of-montana-michael-durglo-jr/

Sariel Sandoval http://kgvm.org/show/held-v-state-of-montana-sariel-sandoval-testimony-6-14-23/

Taleah Hernández http://kgvm.org/show/held-v-state-of-montana-taleah-hernandez-testimony-6-14-23/

Georgianna Fischer http://kgvm.org/show/held-v-state-of-montana-georgianna-fischer-testimony-6-14-23/

Kian Tanner http://kgvm.org/show/held-v-state-of-montana-kian-tanner-testimony-6-15-23/

Anne Hedges http://kgvm.org/show/held-v-state-of-montana-anne-hedges-testimony-6-15-23/

Claire Vlases http://kgvm.org/show/held-v-state-of-montana-claire-vlases-testimony-6-15-23/

Peter Erickson http://kgvm.org/show/held-v-state-of-montana-peter-erickson-testimony-6-15-23/

Mark Jacobson http://kgvm.org/show/held-v-state-of-montana-mark-jacobson-testimony-6-16-23/

Olivia V. http://kgvm.org/show/held-v-state-of-montana-olivia-v-testimony-6-16-23/

Dr. Lise Van Susteren http://kgvm.org/show/held-v-state-of-montana-lise-van-susteren-testimony-6-16-23/

Lander Busse http://kgvm.org/show/held-v-state-of-montana-lander-busse-testimony-6-16-23/

Christopher Dorrington & Sonja Nowakowski http://kgvm.org/show/held-v-state-of-montana-day-6-christopher-dorrington-sonja-nowakowski/

Sonja Nowakowski & Dr. Terry Anderson https://forthright.media/2023/06/20/held-v-state-of-montana-day-6-part-2-cross-examination-of-sonja-nowakowski-final-witness-dr-terry-anderson/

Held v State of Montana Day 7 Closing Arguments

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.

Judge Kathy Seeley presides as plaintiffs’ attorney, Nate Bellinger, delivers closing arguments.

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.

Held v State of Montana – Day 6 Part 2 Cross Examination of Sonja Nowakowski & final witness, Dr. Terry Anderson

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.

Held v State of Montana – Day 5 Daily Digest Dr. Lise Van Susteren & Lander Busse

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 end with the final words of the plaintiffs’ case given by youth plaintiff, Lander Busse, after which the Plaintiffs rested their case. 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 Montana trial as it continues on July 19, 2023 as the Defense presents their case with witnesses Terry Anderson, Christopher Dorrington and Sonja Nowakowski.

Dramatic week in Montana climate trial as youngsters tell of toll on lives https://www.theguardian.com/us-news/2023/jun/17/montana-climate-trial-helena

Climate change is harming my mental health https://www.bbc.com/news/uk-scotland-65633082

Held v State of Montana – Day 4 Daily Audio Digest

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

Our digest begins instead with Bozeman youth plaintiff, Claire Vlases. We include the link to our October, 2018 interview with Claire when she was a Bozeman High School sophomore. http://kgvm.org/show/claire-vlases-solar-makes-sense/ http://kgvm.org/show/held-v-state-of-montana-claire-vlases-testimony-6-15-23/

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/

Youth plaintiff, Kian Tanner is the final witness we feature in this digest. http://kgvm.org/show/held-v-state-of-montana-kian-tanner-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.

Meet the kids behind the historic Montana climate trial https://www.eenews.net/articles/meet-the-kids-behind-the-historic-montana-climate-trial/

Experts in Youth Climate Trial Say Montana’s Legislative and Executive Branches Favor Fossil Fuel Industry https://flatheadbeacon.com/2023/06/16/experts-in-youth-climate-trial-say-montanas-legislative-and-executive-branches-favor-fossil-fuel-industry/

Indigenous experiences headline third day of Held v. Montana trial https://montanafreepress.org/2023/06/15/indigenous-experiences-headline-third-day-of-held-v-montana-trial/

Young People in Historic Climate Trial Rest Their Case https://www.scientificamerican.com/article/young-people-in-historic-climate-trial-rest-their-case/

Held v State of Montana – Day 3 Daily Digest

We continue our coverage of the historic Held 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/

They then called Michael Durglo, Jr., head of the Confederated Salish and Kootenai Tribes’ Tribal Historic Department. http://kgvm.org/show/held-v-state-of-montana-michael-durglo-jr/

Our Children’s Lungs Are Uniquely Vulnerable to All This Wildfire Smoke https://www.nytimes.com/2023/07/02/opinion/wildfire-smoke-air-quality-kids-children-health.html

Held v State of Montana – Day 2 Daily Digest

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 of Held 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.

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/

Dr. Whitlock was followed by testimony from youth plaintiff, Mica K. http://kgvm.org/show/held-v-state-of-montana-mica-testimony-6-13-23/

After Mica, youth plaintiff, Badge Busse, testified. http://kgvm.org/show/held-v-state-of-montana-badge-testimony-6-13-23/

Dr. Daniel Fagre testified about his work studying the effects of climate change in Glacier National Park. http://kgvm.org/show/held-v-state-of-montana-dr-dan-fagre-6-13-23/

The final expert witness on this second day of the Held v State of Montana trial was pediatrician, Dr Lori Byron. http://kgvm.org/show/held-v-state-of-montana-dr-lori-byron-testimony-6-13-23/

The trial is scheduled to resume at 9 am on Wednesday, June 14, 2023, and we will continue to produce this daily digest of the proceedings.

‘I’m a prisoner in my own home,’ asthma sufferer, 15, tells landmark US climate trial https://www.theguardian.com/us-news/2023/jun/13/montana-landmark-us-climate-trial

Love of the Land and Community Inspired the Montana Youths Whose Climate Lawsuit Against the State Goes to Court This Week https://insideclimatenews.org/news/12062023/love-of-the-land-and-community-inspired-the-montana-youths-whose-climate-lawsuit-against-the-state-goes-to-court-this-week/