On December 10, 2025, Our Children’s Trust filed a new case, Held v. Montana II, on behalf of thirteen youth from Montana, all of whom were plaintiffs in Held v. State of Montana. The youth are filing a petition for original jurisdiction with the Montana Supreme Court to enforce their prior victory and ensure the state complies with its affirmative constitutional obligations. 

Held established, with uncontested factual findings, that these very plaintiffs are being harmed by climate change and fossil fuel pollution today, and that every additional ton of greenhouse gas pollution makes their injuries worse. 

But instead of complying with the Supreme Court’s order, the 2025 Legislature passed new laws, amending Montana’s Clean Air Act (CAA) and Montana’s Environmental Policy Act (MEPA). These new laws directly contradict the Held ruling, put blinders back on state agencies to ensure their ongoing approval of fossil fuel permits, and prevent state agencies from taking the necessary steps to reduce Montana’s GHG emissions, which is necessary to protect plaintiffs’ health, safety, and right to a stable climate system. 

With the factual disputes having been resolved in Held, the youth facing urgent, ongoing harms, and the State doubling down on fossil fuel extraction and, this case asks the Supreme Court to declare these new 2025 laws unconstitutional, and ensure that Montana upholds its constitutional duty to protect the youths’ right to a clean and healthful environment and a stable climate system.   

Why the HELD Plaintiffs Are Returning to Court

In direct contradiction to the Held rulings from the District Court and Supreme Court, lawmakers in 2025 passed laws that: 

• Block the state from regulating greenhouse gas pollution under the State’s Clean Air Act any stricter than weak federal minimums, despite an independent constitutional duty to protect Montana’s environment. 

• Stop agencies from considering the full scope of GHG emissions and climate harms during environmental reviews. 

• Prevent agencies from denying fossil fuel permits even when the projects clearly worsen our climate injuries and further degrades Montana’s environment. 

• Force agencies to ignore real-world climate impacts and ensure ongoing approval of fossil fuel projects. 

Montana’s top court has already affirmed that Montanans have a constitutional right to a clean and healthful environment, including a stable climate system, and that laws preventing full review of GHG emissions and climate harms are unconstitutional.  

Legislators have openly admitted that these news laws were passed in response to Held. But as a ruling based on Montana’s Constitution, lawmakers must comply with the order, not ignore their oath to uphold and defend Montana’s Constitution. 

What the Youth Plaintiffs Are Asking the Court to Do: 

• Hear their petition because there are no factual disputes left and the harms they face are urgent and worsening. 

• Declare the new 2025 MEPA and CAA laws unconstitutional. 

• Restore the state’s ability to regulate greenhouse gases, conduct fully informed environmental reviews, and deny harmful fossil fuel permits when necessary to protect Montana’s environment and the health and safety of Montana youth. 

• Uphold the youths’ right to a clean and healthful environment and a stable climate system. 

The youth are not asking for money. They’re asking for protection for their health, land and water, communities, and futures. 

Why This Case Matters

Enforcing Held is crucial for turning a historic legal victory into real, lasting protections for Montana’s communities. The Montana Constitution guarantees every person the right to a clean and healthful environment, including a stable climate. The courts already affirmed these rights in Held, and that they are being violated by current levels of GHG pollution, and the state must follow that ruling and reduce Montana’s GHG pollution.  

The 2025 laws directly conflict with those constitutional rights and the Court’s earlier decision. Without enforcement, Montana agencies will continue approving fossil fuel permits that make the climate crisis worse.  

In our constitutional democracy, the political branches are expected to comply with the constitution and court orders, not actively undermine them. Montana’s actions to undermine Held is a threat to our constitutional democracy.  

Previous Action in Montana 

Our Children’s Trust helped Montana youth file a petition in 2011 to the Supreme Court, including two of the current petitioners. However, the Supreme court declined to hear the case, saying the youths case must be filed in district court to resolve key factual questions.  

Sixteen youth then filed Held v. Montana and in 2023, secured a landmark victory. Held was the first youth-led constitutional climate case to go to trial and secure a groundbreaking victory affirming young Montanans’ rights to a clean and healthful environment. In 2024, the Montana Supreme Court upheld the ruling in the plaintiffs’ favor. The facts established in Held, and legal holdings, remain binding on the parties here. Because there are no more factual disputes, the youth are seeking expedited consideration before the Montana Supreme Court in this newest case. 

Current Status:

On December 10th, 2025, 13 youth plaintiffs filed their petition for original jurisdiction with the Montana Supreme Court. Youth now await a response from the Supreme Court.