HELENA, Mont. (NEWSnet/AP) — The office of Montana’s attorney general is appealing a climate change ruling that said state agencies aren't doing enough to protect 16 young plaintiffs from harm caused by global warming.

The state filed notice Sept. 29 that it plans to appeal the August ruling by District Court Judge Kathy Seeley. That ruling found Montana Environmental Policy Act violates the plaintiffs' state constitutional right to a clean, healthful environment. The 1971 law requires state agencies to consider the potential environmental impact of proposed projects and acquire public input prior to issuing permits.

Under a change to MEPA passed by the 2023 Legislature, the state does not have to consider the effect of greenhouses gases when issuing permits for fossil fuel projects, unless the federal government declares carbon dioxide a regulated pollutant.

The plaintiffs argued they already experience the consequences of climate change, with smoke from wildfires and drought drying rivers that sustain agriculture, fish, wildlife and recreation. The state argued the volume of greenhouse gasses released from Montana fossil fuel projects is insignificant compared to the world's emissions.

It’s likely to be several months before the state of Montana files a brief outlining its appeal of Seeley's ruling, said Bowen Greenwood, clerk of the Montana Supreme Court.

Montana residents are being asked what changes, if any, are needed to modernize MEPA and how greenhouse gas emissions and climate change should be analyzed. At least three public hearings are scheduled this month, including one late Monday in Billings. DEQ is accepting public comment online through the end of 2023.

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