No matter the outcome of this case or how small their actions may seem compared to this global issue, they’re going to keep trying to change the trajectory of climate change.
The defense had a much narrower argument: The lawsuit is about a procedural statute—the prohibition on the Department of Environmental Quality considering climate impacts when permitting oil and gas development. The said that even if this were changed, it would not help the plaintiffs, as the legislature has not given Montana’s DEQ the authority to deny permits. And even if Montana were to stop emitting, there would be minimal impact globally, the defense argued.
Economist Terry Anderson, who specializes in “free-market environmentalism,” attempted to put Montana’s emissions in a global context, but during cross-examination Anderson became flustered when the origins of his data were called into question.
Responding on behalf of the state, Assistant Attorney General Michael Russell said the plaintiffs are attempting to end-run the legislature by asking the courts to force state agencies to make decisions that they’re not authorized to make. Russell claimed that they had turned what should be a procedural matter into “a weeklong hearing of political grievances that properly belong to the legislature and not a court of law.
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