Held v State of Montana – Dr. Lori Byron Testimony 6-13-23

Since the historic Held v. State of Montana trial began on June 12, 2023, in the Lewis and Clark County District Court in Helena, MT, Judge Kathy Seeley presiding, we recorded and are archiving the audio to preserve the record to inform and allow listeners to hear for themselves what transpired.

In this edition we share the unedited recording of the testimony Dr. Lori Byron,  a pediatrician with more than 3 decades of treating Montana’s children and youth on the Crow Agency and Billings area. She reviewed the plaintiffs’ files and testified to the impact that accelerating climate change has had on their well-being. Dr. Byron noted that the effects of increased heat, smoke, allergens, floods and other extreme weather events have a much greater effect on the still maturing bodies and minds of children than on adults, and that additionally, several of the plaintiffs expressed concerns about bringing children into such a world. Her testimony continued into the morning of Day 3 of the trial (6-14-23), when she elaborated on the effects of Adverse Childhood Experiences (ACEs), and how they can cause long term health problems.

She testified that a recent air quality report  (2018-2020) graded all the counties in which plaintiffs lived (Gallatin, Flathead, Lewis & Clark, & Missoula) with an F, with the exception of Powder River County, which had a D grade. There were no data for Park County.

For the first time in the United States, youth plaintiffs were able to present their case in a court of law, that their inalienable constitutional rights under Article II Section 3 of the Montana State Constitution “to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.” ….. were being denied and violated by the policies and actions of their government. Further, that The State was in violation of their responsibilities as required under Article IX, Environment and Natural Resources, Section 1. Protection and Improvement thatThe state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations. Section 2. The legislature shall provide for the administration and enforcement of this duty. and Section 3. The legislature shall provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.”

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