Category Archives: Science

Nikki Reisch CIEL & Climate Crisis Lawsuits

As each month breaks historic records for the hottest ever recorded, we realize that hot though they have been, they may very well be the coolest we’ll ever experience in the future. As wild fires, smoke and floods devastate huge swathes of the globe, one asks what can be done? While many dither (or worse), young people take action. Through their courage and determination, with their adult allies, they demand their rights to a livable future in courts around the world.

On September 27, 2023 in Strasbourg, France, The hearing of 6 Portuguese youth plaintiffs in the historic lawsuit, Duarte Agostinho v. Portugal and 32 Others, took place at the European Court of Human Rights.

The plaintiffs want governments to set and meet science-based targets for cutting carbon emissions in the 33 countries: all EU member states, plus Norway, Switzerland, Russia, Turkey, and the United Kingdom.

The fact that the European Court of Human Rights elevated this case to its Grand Chamber demonstrates how seriously the Court takes allegations that the inadequate climate policies of these 33 States breach their legal obligation to prevent climate-related harm.

Among the third party interveners in Aghostino was the Center for International Environmental Law. We invited Nikki Reisch, the Director of the Climate & Energy Program, at the Center for International Environmental Law (CIEL) to be our guest on Forthright Radio. At CIEL, Nikki works at the intersection of human rights and the environment, overseeing research, analysis, legal and policy advocacy related to climate change, its causes, consequences, and responses to it.

Prior to joining CIEL, Nikki Reisch was the Legal Director of the Center for Human Rights and Global Justice, and a Supervising Attorney in the Global Justice Clinic at NYU School of Law. She was also an Adjunct Professor in the Human Rights and Gender Justice Clinic at CUNY School of Law. Her work focused on human rights and environmental harms related to a range of domestic and international issues, including open-pit mining, surveillance of human rights defenders, immigration enforcement, torture, and arbitrary detention.

Her engagement in climate justice began with her five-year tenure as the Africa Program Manager at the Bank Information Center, where she worked to curb development finance for fossil fuels and supported front-line communities challenging extractive industry projects. In her subsequent position as the Policy Advisor on Forests and Climate Change at Rainforest Foundation UK, Nikki co-founded a global coalition tracking reduced emissions from deforestation and degradation in the UNFCCC negotiations and pursued transnational advocacy with partners in the Congo Basin to mitigate the human rights risks posed by climate change and policy responses to it.

She has litigated before domestic and international courts, appeared before UN treaty bodies and the accountability mechanisms of international financial institutions, and co-authored amicus briefs in several human rights cases. She is co-editor with Philip Alston of Tax, Inequality, and Human Rights (Oxford University Press, 2019) and has published other articles and reports on human rights and environmental matters.

In our far ranging conversation, which was recorded on October 3, 2023 via Skype, she told us “Sometimes when politics break down — as they have despite decades of climate negotiations — the law can break through.”

To find out more about the 6 Portuguese Youth Plaintiffs https://youth4climatejustice.org/media/

Center for International Environmental Law (CIEL) http://www.ciel.org

In our conversation, Nikki referred to the European Court of Human Rights decisions as binding on the “Member States of the EU.” She actually meant The Council of Europe (46 member states, including the 27 EU states).

See also this blog by Corina Heri, a postdoctoral researcher at The University of Zurich, who was at the Agostinho hearing and followed the two other climate cases heard before the Grand Chamber of the European Court of Human Rights earlier this year (Klimaseniorinnen v. Switzerland and Carême v. France), laying out the state of play and some of the arguments presented in court. https://verfassungsblog.de/act-three-for-climate-litigation-in-strasbourg/#:~:text=While%20KlimaSeniorinnen%20also%20made%20procedural,the%20prohibitions%20of%20torture%20and

The Sabin Center at Columbia Law School maintains a database of global climate cases https://climatecasechart.com/us-climate-change-litigation/, and co-published the 2023 Global Climate Litigation Report with UNEP. https://www.unep.org/resources/report/global-climate-litigation-report-2023-status-review.

The Grantham Institute at The London School of Economics also has an overview of global trends in climate change litigation https://www.lse.ac.uk/granthaminstitute/publication/global-trends-in-climate-change-litigation-2023-snapshot/

Girl, 11, among six young people taking on 32 nations in historic climate case https://www.theguardian.com/law/2023/sep/27/girl-11-among-six-young-people-taking-on-32-nations-in-historic-climate-case

Youth vs Europe: ‘Unprecedented’ climate trial unfolds at rights court https://www.reuters.com/world/europe/youth-vs-europe-unprecedented-climate-trial-kick-off-rights-court-2023-09-27/

Stop locking young people out of legal process in climate cases, say experts https://www.theguardian.com/environment/2023/oct/26/stop-locking-young-people-out-of-legal-process-in-climate-cases-say-experts

I Study Climate Change. The Data Is Telling Us Something New. https://www.nytimes.com/2023/10/13/opinion/climate-change-excessive-heat-2023.html

‘We Come Here Seeking Urgent Help’: Vulnerable Islands Want Climate Pollution Covered by Ocean Treaty https://www.commondreams.org/news/ocean-climate-pollution-hearing

Small island nations take high-emitting countries to court to protect the ocean https://www.theguardian.com/environment/2023/sep/10/small-island-nations-take-high-emitting-countries-to-court-to-protect-the-ocean

California Sues Giant Oil Companies, Citing Decades of Deception https://www.nytimes.com/2023/09/15/business/california-oil-lawsuit-newsom.html

At least 20 California public university board members linked to fossil fuels https://www.theguardian.com/us-news/2023/oct/04/california-public-universities-fossil-fuels-csu

California to require big firms to reveal carbon emissions in first law of its kind https://www.theguardian.com/us-news/2023/oct/09/california-carbon-emissions-law

Is California’s Climate Lawsuit against Big Oil a Gamechanger? https://tomdispatch.com/getting-mad-and-getting-even/

The hottest summer in human history – a visual timeline https://www.theguardian.com/environment/ng-interactive/2023/sep/29/the-hottest-summer-in-human-history-a-visual-timeline

Climate crisis is ‘not gender neutral’: UN calls for more policy focus on women https://www.theguardian.com/global-development/2023/oct/10/climate-crisis-is-not-gender-neutral-un-calls-for-more-policy-focus-on-women

If You Want Our Countries to Address Climate Change, First Pause Our Debts https://www.nytimes.com/2023/10/08/opinion/climate-change-africa-debt.htm

State appeals youth climate trial decision https://www.bozemandailychronicle.com/news/environment/state-appeals-youth-climate-trial-decision/article_90e4b322-616d-11ee-a853-6bbb771957b3.html

“This Fight Isn’t Over” – Three Tribes File New Lawsuit Challenging Thacker Pass Lithium Mine https://www.rsic.org/thackerpass-newlawsuit/

Held v MT, Alliance for the Wild Rockies, Green Amendments for the Generations

The week beginning August 14th, 2023 has been historic for first rulings and actions for the environment and democracy. That morning, MT District Court Judge, Kathy Seeley, rendered her masterful 103 page closely reasoned and well cited verdict in the case of Held v MT, ruling that the 16 youth plaintiffs’ constitutional rights under the Montana State Constitution were being violated by the Montana government’s laws and practices, including amendments to the Montana Environmental Policy Act (MEPA) that specifically prohibited consideration of climate change in the granting of permits by the Dept of Environmental Quality.

Ann Hedges of MEIC

We spoke with Anne Hedges of the MT Environmental Information Center https://meic.org/, who testified in the case, as well as Claire Vlases, one of the youth Plaintiffs who testified.

Claire Vlases testifies as Judge Kathy Seeley listens intently

Then, on August 17, in The United States District Court for the District of Montana, Federal Judge Donald Molloy, rendered his judgment in favor of The Alliance for the Wild Rockies & Native Ecosystems Council suit against the US Forest Service, to protect the dwindling remnant grizzly bears population and  to stop the Black Ram massive old growth logging project in its tracks. https://allianceforthewildrockies.org/wp-content/uploads/2023/08/093-ORDER-Granting-MSJ-2023-08-17.pdf This is historic, because it’s the first time in the Federal Courts that climate change was cited in a ruling. We spoke with Mike Garrity of the Alliance for the Wild Rockies https://allianceforthewildrockies.org/ about that decision.

Mike Garrity

An update on the case from April 30, 2024:

Alliance stops 100 miles of roads and 5,000 acres of clearcuts on Montana’s public lands https://dailymontanan.com/2024/04/30/alliance-stops-100-miles-of-roads-and-5000-acres-of-clearcuts-on-montanas-public-lands/

Then, on Sunday, August 20th, Ecuador became the first country in history to restrict fossil fuel extraction through the citizen referendum process. Nearly 60% of Ecuadorian voters backed a binding referendum opposing oil exploration in Block 43, a section of Yasuní National Park, the most biodiverse area of the imperiled Amazon rainforest, which is home to uncontacted Indigenous tribes, as well as hundreds of bird species and more than 1,000 tree species.

Maya K. van Rossum

Finally, we spoke with Maya van Rossum, founder of Green Amendments for the Generations http://www.ForTheGenerations.org about her decades long efforts to secure Green Amendments in state constitutions nationwide.  According to van Rossum, currently only 3 states benefit from Green Amendment constitutional environmental rights — Montana, Pennsylvania and New York. In addition to leading the effort that secured New York’s Green Amendment just over 2 years ago, and being responsible for the litigation that brought strength to Pennsylvania’s amendment, van Rossum is working to pass Green Amendments in 15 other states with more getting in contact since hearing about the Held victory.

It is worth quoting the relevant parts of the Montana State Constitution, upon which Judge Seeley based her verdict.

Article II, Bill of Rights, Section 3, Inalienable Rights:

All persons are born free and have certain inalienable rights. They include the right 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. In enjoying these rights, all persons recognize corresponding responsibilities.

Article 9, Environment & Natural Resources, Section 1. Protection and improvement.

(1) The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.
(2) The legislature shall provide for the administration and enforcement of this duty.
(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.

I recorded the entire proceedings and produced Daily Audio Digests. After the trial, I produced archived editions of each witness’s testimony, as well as closing arguments. Unlike the trial transcript, from which the plaintiffs’ witnesses’ pre-rebuttal testimony was stricken, in these archived recordings of their testimony is intact. Here are the links to those recordings in the order in which they occurred:

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/

Closing Arguments https://forthright.media/2023/06/21/held-v-state-of-montana-day-7-closing-arguments/

Here are links to the Daily Audio Digests

Day 1 https://forthright.media/2023/06/13/held-v-state-of-montana-day-1-daily-digest/

Day 2 https://forthright.media/2023/06/14/held-v-state-of-montana-day-2-daily-digest/

Day 3 https://forthright.media/2023/06/15/held-v-state-of-montana-day-3-daily-digest/

Day 4 https://forthright.media/2023/06/16/held-v-state-of-montana-day-4-daily-audio-digest/

Day 4 https://forthright.media/2023/06/18/held-v-state-of-montana-day-4-daily-digest-peter-erickson/

Day 5 https://forthright.media/2023/06/17/held-v-state-of-montana-day-5-daily-digest-dr-lise-van-susteren-lander-busse/

Day 5 https://forthright.media/2023/06/18/held-v-state-of-montana-day-5-daily-digest-dr-mark-jacobson/

Day 6 https://forthright.media/2023/06/20/held-v-state-of-montana-day-6-daily-digest-christopher-dorrington-sonja-nowakowski/

Day 6 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 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 4 Daily Digest Peter Erickson

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 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.”

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

Montana was the 6th highest in the United States in emissions in 2019

Held v State of Montana – Day 5 Daily Digest Dr. Mark Jacobson

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/

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/

Anne Hedges testifies on June 15, 2023

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/

Kian Tanner

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.

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/

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/

Dr. Dan Fagre in Glacier National Park

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/

Dr. Lori Byron

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/