HELENA — A state district court judge in Helena has awarded almost $3 million in attorney fees to the plaintiffs in the Held v. Montana climate change lawsuit.
In 2023, after a weeklong trial, District Judge Kathy Seeley ruled in favor of a group of young Montanans who sued the state, claiming that leaders’ policies on greenhouse gases were threatening their right to a “clean and healthful environment” under the Montana Constitution.
On Tuesday, Seeley issued another order in the case. She said the importance of the policies at issue, the state’s approval of unconstitutional laws and the number of people affected by the case justified awarding attorney fees to the plaintiffs.
“Defendants have not overcome the rebuttable presumption that ‘when a Montana citizen has to resort to litigation in order to vindicate a constitutional right, the citizen is entitled to a rebuttable presumption that he should not bear the expense of that litigation,’” Seeley wrote.
Seeley accepted plaintiffs’ arguments that the case required “substantial” time and labor by their attorneys, and that it called for specialized knowledge and experience. She awarded $2.8 million in attorney fees and almost $100,000 in additional costs.
The organizations Our Children's Trust and the Western Environmental Law Center, which worked with the plaintiffs, released a statement on Seeley's decision:
“We are grateful to the Court for recognizing the extraordinary time and effort required to bring this historic case to trial, and for affirming the years of commitment and legal expertise contributed by Our Children’s Trust, the Western Environmental Law Center, and attorneys Roger Sullivan and Phil Gregory,” they said. “This award represents only a fraction of the thousands of hours invested over more than five years, but it helps ensure that organizations like ours can continue to stand with young people fighting for their constitutional rights.”
The Montana Department of Justice defended the state in the Held case. DOJ spokesperson Chase Scheuer told the department was disappointed with Seeley’s decision and planned to appeal.
Ten of the 16 plaintiffs in the Held case are now involved with the Lighthiser case, a similar lawsuit – this time in federal court – that seeks to challenge President Donald Trump’s executive orders aimed at boosting fossil fuel production. A federal judge in Missoula is holding hearings in that case this week.
EDITOR'S NOTE: This story has been updated to include a statement from Our Children's Trust and the Western Environmental Law Center.
