5 Young Women in Montana’s Climate Case on How They Pulled Off Their Historic Win

Rachel Janfaza

COSMOPOLITAN
Fri, August 18, 2023 

Young People In Montana Score a Huge Climate WinKhadija Horton/Our Children's Trust/Getty Images


It’s almost too good to believe: in the existential battle against climate change and fossil fuel interests, young people scored a massive win in Montana this week. A judge ruled that the state violated their constitutional right to a “clean and healthful environment” in a first-of-its-kind decision.

The 16 youth plaintiffs in Held v. Montana, aged all the way from five to 22, were supported by Montana’s state constitution, which explicitly guarantees that right “for present and future generations.” And with her historic decision Monday, District Court Judge Kathy Seeley declared that a provision of the recent Montana Environmental Policy Act, which blocked the state from even considering greenhouse gas emissions when approving new energy projects, is unconstitutional.

The ruling heralded a major victory for climate activists everywhere. Similar youth-led cases in the U.S. have not fared quite as well: at least 14 others have been dismissed without a trial. Seely’s broad decision may mark a powerful precedent for other challenges being brought forth by young people who say the government has failed to protect them (although the state of Montana has signaled it will appeal the ruling). Our Children’s Trust, the legal nonprofit representing the plaintiffs, is currently working on four other state-level cases, as well as a federal case against the U.S. government, Juliana v. United States, that has been cleared to go to trial.

“The ruling clearly recognizes that governments must use the best available science to protect human rights,” said Mat dos Santos, general counsel and managing attorney at Our Children’s Trust. “We anticipate that courts around the country and the globe will be reading this opinion closely as many other states and countries consider the question of whether governments can be held accountable for their contribution to the ongoing climate crisis.”

Rikki Held, 22, confers with members of Our Children’s Trust legal team.William Campbell - Getty Images

Of course, none of this would have been possible without the youth plaintiffs, who took matters into their hands and banded together to pursue historic legal action. A dozen plaintiffs, including Rikki Held, for whom the case was named (the oldest of the plaintiffs), testified in the trial, sharing how they’ve been personally affected by the volatile climate in their state.

From difficulty breathing during Montana’s debilitating smoke seasons to feeling the effects of extreme weather, such as tornadoes and floods, five of the young women involved in the trial told Cosmopolitan why they were moved to action in the first place and how this week’s decision gives them hope in an activism landscape that can be discouraging. Here are their stories, in their own words.

Rikki Held, 22, Broadus

I’m from the southeast corner of Montana, and here, my family has our ranch and our motel in town. I grew up as a ranch kid—I was outdoors, working with livestock, riding horses, taking care of our animals. We have these USGS [United States Geological Survey] hydrologists who study the river that runs alongside the ranch. When I was little, I would just follow them around on their surveys, and I was learning from them and connecting the research to my own home. And so that's what got me interested in science.

In high school, I was taking a lot of science classes, and learned about climate change. I saw how huge of an issue this was and was connecting it to my own personal story and seeing the impacts on my ranch, with wildfires and flooding, drought, less snowpack, extreme weather events—more tornadoes and hail and wind storms. Those things really affect our livelihood out here because we depend on a stable climate for our ranch. A family friend heard about Our Children’s Trust, so I ended up reaching out.

Even starting this case, three years ago, I knew it was the right thing and that we would win. But I never thought it would take this long to get here. We had such an amazing week in court. There were so many climate experts who backed up our experiences and validated them, and the judge was listening so intently. It all came together to tell this broader story that really needed to be told, with the facts put into the court record.

When we all got together on Zoom with our team and our attorneys told us what the ruling was—that we won—and it was a broad ruling in our favor, it felt unbelievable. I never hoped for that broad and positive of a ruling. It meant so much to me that a decision maker was listening to our stories and understands what's going on. It was really emotional. We finally took a huge step forward. but there's still a long way to go.

Olivia Vesovich, 20, Missoula

The whole time I was involved in youth activism, I felt I wasn't really being listened to. Or the people that were listening already agreed with me. When I found out about this case, and that I could have a court listen to me, and listen to the voice of other Montanans, I knew I wanted to join.

The plaintiffs (Georgi and Olivia seen at the front) wait for the beginning of the trial. William Campbell - Getty Images

As I was telling my story, I realized how much climate change truly did impact me, because a lot of the stuff, I've come to accept as a normal way of life. I have exercise-induced asthma and spring allergies, and I noticed they were getting worse and worse every year, but I didn't understand why. And the reason for that is exacerbated by the climate crisis. It makes our growing season longer and it increases the pollen count. I had also become so used to our smoke season in Montana that I accepted it as normal.

Climate change being politicized is one of the reasons why climate action is so difficult. If we cannot have a planet to live on and to sustain human life, other issues aren’t going to matter. Climate change is a human rights issue, and it's a civil rights issue. I know there are so many Montanans who care about our lands. Even conservative Montanans love our land, just as much as people who believe in climate change.

In the trial, I don't think we discussed politics at all. We discussed science, our own emotions, the ways in which the climate crisis is affecting our bodies, both physically and mentally, and how it impacts our lives. This case is the beginning of real government action. For so long, there’s been action on the parts of youth and climate activists. Now, it’s our government’s turn.

Grace Gibson-Snyder, 19, Missoula

I'm part of that generation that has grown up knowing about climate change. I don't really remember not knowing about climate change. It was talked about enough in school and home and in the news that it was always a fact of life for me.

There's this misleading perception of Montana, because it's become more conservative recently, that conservative areas and environmentalism are at odds. I don't think that's true. Montana’s culture is very ‘live and let live.’ We take care of our neighbors, but we’re not going to infringe upon them in any way. That private conservative attitude is very conducive to environmentalism. We love keeping these spaces, this wilderness, this amazing state that we live in as is. That’s a huge portion of our culture and why many people live in Montana.

The plaintiffs in the case pose for a photo as they arrive for the trial. William Campbell - Getty Images

If people can step outside of their partisan ties and say, “What are my actual values here?” and ‘What do I want to see come out of this time period? How do I want Montana's open spaces to look in 50 years?” it becomes a lot clearer. That’s where our constitution comes from. That’s what makes our case so interesting, because we have this constitution written 50 years ago that has an explicit right to a clean and healthful environment. A lot of other what we would consider “liberal” ideas are in our constitution, in a fairly conservative state. So it’s not black or white. It’s not red and blue.

I was hiking two summers ago with some friends in Glacier National Park. We went on one of my favorite hikes ever, this 10 mile loop. And on part of it, we hung out by this glacier, and it was melting—it had this huge runoff stream and it was cascading. It's very cool. And I know a lot of that is natural. It's summer, things melt in the summer. But it was such a symbol of change. Knowing that the glaciers are melting and disappearing, and having seen the comparison picture, some 50 years ago, or 100 years ago, and now—it was such a moment to symbolize this loss that I feel regularly in Montana.

I want those glaciers to be there for my whole life. I think that's a pretty simple ask. I think everyone wants that.

Georgi Fischer, 21, Bozeman

In late 2019, I wrote a letter to the editor of my local paper, the Bozeman Daily Chronicle, conveying my frustration with the lack of snow, and arguing that climate change should not be a political issue. From there, my friends connected me with the lawyers in this case. I jumped at that opportunity.

I was lucky enough to grow up outdoors. I didn't like seeing these kinds of changes to the environment with hotter and drier summers, smoke, and then shorter and warmer winters.

The plaintiffs are greeted by supporters as they arrive for the trial. William Campbell - Getty Images

I'm a competitive cross country skier. What really gave me the push to write that letter was—as I was skiing in our local trails in town in what was supposed to be full winter, I was having to hop over grass peeking through the snow, because there just was not enough snow. A lot of times it feels like my sport is dying as winters get shorter and we have to cancel or change competitions. Even in the summers, with the smoke and the heat, it's sometimes been a lot harder to work out outside.

When I joined the case, I wasn't expecting it to be as high profile as it turned out to be. I was super nervous the night before, and the morning the trial began, because that was the first time it hit me how many people were paying attention. What was surprising to me was just how many people came out to show their support. We had a crowd of people every day to cheer us on as we walked into the courthouse. This case was for me, a way to be a part of this systemic change.

There's been a lot of negative climate news, and it's been hard to find hope. This case going all the way to trial and having the youth speak out in this way, it was just really encouraging. Our voices can really, truly make a difference.

Claire Vlases, 20, Bozeman

I first heard about the case actually from hearing about the federal case, Juliana v. United States. When it came to Montana, I wanted to jump on it.

The decision is huge. I hope that it inspires young people all around Montana, and the U.S., and even the world. We can speak up for our rights and call out our government when it's not protecting us as it should. It means Montana can longer continue business as usual. I look forward to seeing how my government responds when it recognizes that there's a fault in what's been happening right now, and I can't wait to see the changes that they make.

What connects all of us as Montanans is we have a huge respect for the land and want to protect it, whether you're a left-leaning person who really cares about climate change and environmental practices, or if you come from a conservative ranching family that requires protection of the land. If we reframe it as a problem for everyone, it doesn’t have the political twist that it often does in the mainstream media.

As a young person, it's hard to imagine that we can create change at all. It feels like the power to actually make a difference is in the hands of other people, especially when you can't vote yet, or you can't run for office.This case shows that young people can actually stand up for their rights, and they will be heard.