Youth plaintiffs in the climate change lawsuit, Held vs. Montana, arrive at the Lewis and Clark County Courthouse, on June 20, 2023, in Helena, Mont., for the final day of the trial. A Montana judge on Monday sided with young environmental activists who said state agencies were violating their constitutional right to a clean and healthful environment by permitting fossil fuel development without considering its effect on the climate. (Thom Bridge/Independent Record via AP, File)

Youth plaintiffs in the climate change lawsuit, Held vs. Montana, arrive at the Lewis and Clark County Courthouse, on June 20, 2023, in Helena, Mont., for the final day of the trial. A Montana judge on Monday sided with young environmental activists who said state agencies were violating their constitutional right to a clean and healthful environment by permitting fossil fuel development without considering its effect on the climate. (Thom Bridge/Independent Record via AP, File)

Victors in landmark climate change lawsuit reset sights on Alaska

Montana ruling establishes youths’ rights to clean environment, after similar case failed in Alaska.

A quote by attorney Andrew Welle in this story has been corrected to refer to the significance of the Sagoonick decision in Alaska, rather than the Montana ruling. A statement by Welle about the dissenting opinion in the Alaska case has been omitted.

A landmark environmental court ruling in Montana on Monday has striking implications for Alaska, particularly with the vow by the organization behind it to bring a similar case here. It won’t be the first time they’ve done it, but this time there’s a lot more science — and precedent.

The Montana case is being heralded as a groundbreaking victory because it is the first time a judge has found a governmental duty to protect citizens from climate change. The case, brought by 16 youths ranging in age from 5 to 22, found state agencies in Montana violated the plaintiffs’ constitutional right to a clean and healthful environment by permitting fossil fuel development without considering climate impacts.

An attorney with the firm that brought that case was the lead counsel for the Sagoonick case in Alaska, which also involved 16 youths. The lead plaintiff was Summer Sagoonick, an Inupiaq resident of Unalakleet, who emphasized Alaska Natives count on wildlife and the land for survival. The lawsuit targeted the governor, the State of Alaska and various agencies over greenhouse gas emissions.

The court dismissed the case in 2018, saying it more properly belonged before the state legislature. Our Children’s Trust appealed the decision, beginning an appellate process that concluded with a narrow loss in the Alaska Supreme Court in January 2022.

“The most important thing about the Sagoonick decision for Alaska is that it shows a path forward for the state’s youth to secure their right to a safe climate system,” said Andrew Welle, a senior staff attorney at the non-profit law firm Our Children’s Trust, which brought the case in Montana, as it has all 50 states, including in Alaska in 2017.

Welle confirmed Our Children’s Trust is actively working on a new case to be brought in Alaska following the Montana decision, but declined to provide specifics, including timing.

The ruling this week in Held v. Montana was welcomed by local environmental activists.

“We’re thrilled with the Montana decision,” said Elaine Schroeder, co-chair of Juneau350. The local environmental group has been working to stop two fossil fuel extraction efforts on the North Slope: the Willow project planned by ConocoPhillips and the Alaska LNG Project.

“We’re eager to support the filing of a new climate lawsuit against the state of Alaska,” she said.

“You have to look at the different constitutional provisions — and each court weighs how each case is presented,” said Carole Holley, managing attorney in the Alaska regional office of Earthjustice, a non-profit environmental law group that was not involved in the Montana lawsuit. “What Our Children’s Trust was able to do was to present an impressive amount of climate science and information that was quite persuasive to the district court judge. I am excited to see what they can bring to Alaska.”

The Montana case had an interesting twist during the trial, Welle said. The government had requested five days to present its case. In the end it used just part of the first day.

“Alaska’s constitution includes strong protections of access — and equal access — to natural resources,” Welle said. He referenced Article 8 in the state constitution, which governs natural resources. Known as the public trust doctrine, it contains language about development of its resources consistent with the public interest.

The Alaska Supreme Court ruling on the Sagoonick case in early 2022 was a split decision. Justices Peter J. Maassen and Justice Susan M. Carney dissented, writing that “a balanced consideration of prudential doctrines requires that we explicitly recognize a constitutional right to a liveable climate.” Both remain on the court.

The Montana ruling opens a new door.

“It’s indicative of a shift in the tide of constitutional climate litigation,” Welle said. “Ten years ago courts were punting on the issue, not understanding the importance of the separation of powers in determining whether the government’s action is endangering the health and safety of young people, and violating their constitutional rights.”

• Contact Meredith Jordan at meredith.jordan@juneauempire.com or (907) 615-3190.

More in News

The Norwegian Bliss arrives in Juneau on Monday, April 14, 2025. (Jasz Garrett / Juneau Empire file photo)
Ships in port for the week of April 20

This information comes from the Cruise Line Agencies of Alaska’s 2024 schedule.… Continue reading

An Alaska Airlines plane passes above participants in the annual Turkey Trot run/walk next to Juneau International Airport on Thanksgiving Day of 2022. (Ben Hohenstatt / Juneau Empire file photo)
Alaska Airlines issues warning amidst travel industry downturn due to Trump-fueled uncertainty

Company reports $166M loss during first quarter of year, won’t release an outlook for 2025.

A vote board shows a veto override attempt Tuesday by the Alaska Legislature on a $1,000 increase to per-student education funding falling short of the necessary two-thirds majority with a 33-27 vote. (Mark Sabbatini / Juneau Empire file photo)
Senate adds $700 BSA hike to school phone policy bill a day after veto override on $1,000 increase fails

Lawmakers say quick floor vote by Senate, concurrence by House may set up another override session.

Mike Verdoorn, Patrick Bracken and Richard Ward of The Segal Group Inc. provide an overview of their study of Alaska state employee salaries to the Senate Finance Committee on Wednesday, April 23, 2025, at the Alaska State Capitol. (Mark Sabbatini / Juneau Empire)
Shortcomings revealed in state employee salary study won’t be addressed until at least next year

Legislators and state administrators dispute who is underpaid and by how much, but agree fix is complex.

Participants of the 2024 Sustainable Southeast Partnership annual retreat in Sheet’ká (Sitka). This week more than 150 people are gathering for the 12th annual retreat to strengthen relationships, accelerate ideas and energize work already happening across the region. (Photo by Bethany Goodrich)
Woven Peoples and Place: Celebrating values in action

Mentorship and storytelling with Shaelene Grace Moler.

Rep. Andi Story (D-Juneau), co-chair of the House Education Committee, speaks in favor of overriding Gov. Mike Dunleavy’s veto of an education funding bill during a joint session of the Alaska Legislature on Tuesday. (Mark Sabbatini / Juneau Empire)
Legislature fails to override Dunleavy’s veto of $1,000 increase in per-student education spending

Lawmakers supporting veto note state’s financial shortfall, suggest smaller BSA increase or new revenue.

Sarah Palin arriving at the U.S. District Court for the Southern District of New York on Tuesday, April 22, 2025. (Andres Kudacki / For The New York Times)
Jury rules against Palin in libel case against the New York Times

After two hours of deliberation, claim rejected she was defamed in newspaper’s 2017 editorial.

The Norwegian Bliss cruise ship docks in downtown Juneau on Monday, April 21, 2025. (Mark Sabbatini / Juneau Empire)
Ballot petition to restrict daily and annual cruise passengers in Juneau certified for signatures

Opponent of measure argues it violates due process, free travel and other constitutional rights.

Workers process pollock. (Photo provided by Thompson and Co. PR on behalf of the Alaska Pollock Fishery Alliance)
Murkowski and other US lawmakers seek guest worker visa exception for seafood industry

Legislation would exempt seafood companies from a cap on the number of H-2B visa workers.

Most Read