The State of Play - August 19, 2023

In this edition: A big win in climate litigation, the importance of Niger's uranium, the impact of boycotts on Target's financial performance, and music revenue over time.

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Source: The Daily Montanan

Score one for the climate activists

I previously discussed the rise in climate litigation and how it could play a role in the fight against climate change.

Climate litigation in 2023

Well, one of the pending cases of note was decided this week, and its a big win for the climate.

14 August 2023 - Judge Rules in Favor of Montana Youths in a Landmark Climate Case (David Gelles and Mike Baker, NYT):

A group of young people in Montana won a landmark lawsuit on Monday when a judge ruled that the state’s failure to consider climate change when approving fossil fuel projects was unconstitutional….The ruling means that Montana, a major coal and gas producing state that gets one-third of its energy by burning coal, must consider climate change when deciding whether to approve or renew fossil fuel projects….

The Montana case revolved around language in the state Constitution that guarantees residents “the right to a clean and healthful environment,” and stipulates that the state and individuals are responsible for maintaining and improving the environment “for present and future generations.”

It is important to note though that the facts and circumstances around this case are unique, and might not be replicable around the country.

Montana is just one of three states, including New York, and Pennsylvania, to include the right to a healthy environment in its constitution, a key part of Monday’s court ruling. “From the perspective of appearances, this is an important case…But ultimately, it doesn’t impact what will happen in other cases,” said Janet Whittaker, senior counsel at Clifford Chance. “Obviously the fact that Montana had this decision is a positive development if you’re a plaintiff, but it doesn’t necessarily mean you will win in New York.”…

“This decision is limited to the state constitution in Montana, and has no precedential value outside the state,” said Michael Burger, executive director of the Sabin Center for Climate Change Law. “At the same time, judges look at what other judges are doing. This judge’s determination…will influence and inform what judges elsewhere in the United States and in other courts around the world do.”

Either way though, this is a major win for the activists, and with a number of other cases making their way through the court system right now, could be the first win that drives corporate change.

The verdict will be appealed by the attorney general’s office in Montana, which released a statement indicating that they felt the result was “absurd, but not surprising from a judge who let the plaintiffs’ attorneys put on a weeklong taxpayer-funded publicity stunt that was supposed to be a trial.”

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Niger’s uranium

Another thing to consider with regards to the coup in Niger and the western response is Niger’s uranium deposits.