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Montana loses fight against youth climate activists in landmark ruling [Ars Technica] (arstechnica.com)

submitted 1 year ago by andrewrgross to c/climate

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[–] karpintero@lemmy.world 60 points 1 year ago (1 children)

Good on them, hope more cases follow this precedent. We all inhabit the same planet and should have a vested interest in keeping it liveable.

Youth plaintiffs did not ask for any damages beyond their attorneys' fees and costs, which were awarded by the court. To young people suing, winning is seemingly just about pushing the state to embrace climate science and mitigate known harms moving forward.

Mad respect. People over profits.

[–] andymouse 3 points 1 year ago* (last edited 1 year ago)

This is fantastic, thank you posting this. ❤️‍🔥 (Both OP and this quote.)

[–] Tolstoshev@lemmy.world 20 points 1 year ago (3 children)

Scotus to overturn in 3..2..1

[–] silence7 19 points 1 year ago* (last edited 1 year ago) (1 children)

It's about a state constitutional right, where they don't have jurisdiction.

Many details about the case itself are here

[–] Tolstoshev@lemmy.world 13 points 1 year ago (1 children)

Oh good because I can see Clarence writing a majority opinion about how this would affect his ability to accept free rides on an empty 747.

[–] baldingpudenda@lemmy.world 8 points 1 year ago (1 children)

"As per subsection 8 in the 1856 Chimney Sweep act in England, children have no legal right to avoid any carbon based injury. Whether it's black lung then or Climate change now, precedent has been established." --Corporate whore clarence, probably

[–] andrewrgross 3 points 1 year ago (1 children)

Are you a lawyer? Because I feel like this is a really deeply informed roast of Thomas' opinions.

[–] baldingpudenda@lemmy.world 2 points 1 year ago (1 children)

Not a lawyer, but the majority opinion on Dobbs had a reference to a 1200s English law saying abortion is illegal and somehow that shows American precedent that abortions have always been illegal and Roe v. Wade was a fuck up. It also stated that it only reversed abortion and looking back to history cannot be used to overturn: mixed marriages(clarence is married to a white woman), black rights, etc. So we're fucking you with bullshit reasoning but don't you dare use that same reason so that it affects me.

[–] andrewrgross 2 points 1 year ago* (last edited 1 year ago)

I'm not a lawyer either, but I've heard legal podcasts discuss his opinions, and it's a spot on parody of his insane logic. The way he dismisses the relevance of laws written in the United States by people who are alive and opining on the purpose of the laws they wrote on Twitter while insisting that medieval tomes are useful for making sense of what the founders intended is like listening to a stoned astrologist explain why he's not an asshole for slipping condoms off while his partner isn't looking.

[–] andrewrgross 10 points 1 year ago (1 children)

It might be overturned by the Supreme Court of Montana, but as a state ruling its totally outside the federal legal system.

It's worth noting this underappreciated feature in an overall very flawed system. A similar example: no matter what happens no president can pardon Trump for racketeering charges he faces in Georgia.

[–] Tolstoshev@lemmy.world 3 points 1 year ago

I’m learning so much about the law through this process. And who said Trump didn’t help educate America? :)

[–] davi@lemm.ee 1 points 1 year ago (1 children)

came here to say the same thing and ask others to postulate what their plan is; but then i remembered that this isn't the first time the young tried to push for something and did nothing.

[–] silence7 3 points 1 year ago

The impact is narrow: it forces the state of Montana to review climate impact as part of environmental review of new projects (eg: opening a new coal mine):

The state’s characterization of the court proceeding as a “MEPA trial” and not a climate trial ignored the fact that the MEPA provision at issue was squarely about climate change. By prohibiting the consideration of greenhouse gas emissions and climate change in environmental reviews, Seeley ruled that provision is at odds with Montana’s constitutional right to a clean and healthful environment. At issue here is not how MEPA works, but how the state’s dismissive treatment of climate change endangers the youth plaintiffs and degrades Montana’s environment.

That's kind of a bare minimum start. It'll take a whole lot more to get to where we need to be.

[–] TheAndrewBrown@lemm.ee 9 points 1 year ago

I’m intoxicated and follow some NFL communities so I thought this was about Joe Montana for a second.