Held v State of Montana – Taleah Hernández Testimony 6-14-23

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 archived 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 of Youth Plaintiff, Taleah Hernández, who is 19 years old and was 16 when it was filed in 2020. She grew up in Polson, MT, and is an outdoors enthusiast, enjoying activities such as gymnastics, horseback riding, ice skating and paddle boarding, as well as doing manual labor outdoors.

She testified that she has personally been impacted by climate change, particularly by the increasing smoke both in density and duration. She described living close to the Boulder 2700 Fire, also known as the Finley Point Fire, in 2021.

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 that “The 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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