1 00:00:01,200 --> 00:00:03,520 Speaker 1: My name is Lily Maddon and I'm a proud Arunda 2 00:00:03,760 --> 00:00:08,520 Speaker 1: Bunjelung Calcoton woman from Gadighal Country. The Daily oz acknowledges 3 00:00:08,600 --> 00:00:10,800 Speaker 1: that this podcast is recorded on the lands of the 4 00:00:10,800 --> 00:00:14,360 Speaker 1: Gadighl people and pays respect to all Aboriginal and Torres 5 00:00:14,360 --> 00:00:17,279 Speaker 1: Strait Island and nations. We pay our respects to the 6 00:00:17,320 --> 00:00:20,079 Speaker 1: first peoples of these countries, both past and present. 7 00:00:25,720 --> 00:00:28,360 Speaker 2: Good morning and welcome to the Daily os. It's Monday, 8 00:00:28,400 --> 00:00:29,440 Speaker 2: the nineteenth of June. 9 00:00:29,480 --> 00:00:30,840 Speaker 3: I'm zara, i'm sam. 10 00:00:31,040 --> 00:00:33,159 Speaker 2: A group of young people took the government of the 11 00:00:33,280 --> 00:00:36,600 Speaker 2: US state of Montana to court last week, arguing its 12 00:00:36,600 --> 00:00:40,440 Speaker 2: climate policies are jeopardizing their future. It's the first time 13 00:00:40,560 --> 00:00:42,519 Speaker 2: in the US that a case like this has made 14 00:00:42,560 --> 00:00:45,680 Speaker 2: it to trial, but it follows similar action here in 15 00:00:45,800 --> 00:00:48,760 Speaker 2: Australia and around the world. We're going to get into 16 00:00:48,800 --> 00:00:51,600 Speaker 2: it in the deep dive, but first the headlines. 17 00:00:55,040 --> 00:00:57,360 Speaker 3: David Van, the senator at the center of a number 18 00:00:57,360 --> 00:01:00,360 Speaker 3: of sexual harassment allegations made last week, resigned from the 19 00:01:00,400 --> 00:01:04,319 Speaker 3: Liberal Party over the weekend. Senator Lydia Thorpe and former 20 00:01:04,360 --> 00:01:07,400 Speaker 3: Liberal Senator Amanda Stoker, as well as the third unknown 21 00:01:07,440 --> 00:01:10,440 Speaker 3: accuser have come forward in the last week with allegations 22 00:01:10,520 --> 00:01:13,600 Speaker 3: against Van Van now moves to the cross bench. 23 00:01:16,000 --> 00:01:18,960 Speaker 2: A crash between a semi trailer truck and a transport 24 00:01:19,040 --> 00:01:22,479 Speaker 2: vehicle in Canada has left fifteen people dead. The truck 25 00:01:22,480 --> 00:01:26,440 Speaker 2: collided with the vehicle carrying mostly elderly people around lunchtime 26 00:01:26,440 --> 00:01:30,400 Speaker 2: on Thursday local time. Ten others were hospitalized with injuries. 27 00:01:32,880 --> 00:01:36,000 Speaker 3: US Secretary of State Anthony Blincoln is in China, becoming 28 00:01:36,040 --> 00:01:39,600 Speaker 3: the first American diplomat to visit China in almost five years. 29 00:01:40,000 --> 00:01:42,479 Speaker 3: According to the State Department, the objective of the trip 30 00:01:42,560 --> 00:01:46,000 Speaker 3: is to re establish communication channels. The trip was originally 31 00:01:46,000 --> 00:01:48,880 Speaker 3: scheduled for February, but was postponed after a number of 32 00:01:49,000 --> 00:01:52,480 Speaker 3: Chinese spy balloons were shot down in US territories. 33 00:01:54,120 --> 00:01:57,440 Speaker 2: And the good News. All ten Australian companies surveyed in 34 00:01:57,480 --> 00:01:59,920 Speaker 2: a recent report have either extended a trial of a 35 00:01:59,920 --> 00:02:03,120 Speaker 2: four day work week or made the change permanent. Four 36 00:02:03,120 --> 00:02:05,120 Speaker 2: of the companies are now using a four day work 37 00:02:05,160 --> 00:02:07,280 Speaker 2: week with the same pay as a five day week 38 00:02:07,360 --> 00:02:10,040 Speaker 2: on a permanent basis. The research was conducted by the 39 00:02:10,040 --> 00:02:15,680 Speaker 2: swim Burne Institute of Technology. 40 00:02:16,080 --> 00:02:21,720 Speaker 3: ZARA. Let's talk about Montana. Your fiance, No, not my fiance. Hello, Monty, 41 00:02:21,720 --> 00:02:24,320 Speaker 3: hope you're driving well to work. Let's talk about Montana, 42 00:02:24,320 --> 00:02:25,400 Speaker 3: the state in the US. 43 00:02:25,840 --> 00:02:28,359 Speaker 2: In this state of Montana in the US, there are 44 00:02:28,440 --> 00:02:31,400 Speaker 2: sixteen young people, the youngest being five years old, who 45 00:02:31,440 --> 00:02:35,120 Speaker 2: are taking the government to court. The lawsuits called Held 46 00:02:35,200 --> 00:02:38,320 Speaker 2: versus Montana, and it's named after the lead plaintiff, who 47 00:02:38,440 --> 00:02:41,120 Speaker 2: is a twenty two year old called Ricky Held. The 48 00:02:41,160 --> 00:02:44,280 Speaker 2: group aren't seeking money, They are asking and said for 49 00:02:44,320 --> 00:02:47,600 Speaker 2: the court to declare that Montana's fossil fuel energy policies 50 00:02:47,720 --> 00:02:52,639 Speaker 2: directly violate the state's constitution. So what they're essentially arguing 51 00:02:52,800 --> 00:02:56,040 Speaker 2: is that climate effects are already being felt in Montana, 52 00:02:56,080 --> 00:03:01,000 Speaker 2: things like frequent wildfires, glaciers melting hotter than our average temperatures, 53 00:03:01,520 --> 00:03:03,960 Speaker 2: and they're saying that the government's action to have actually 54 00:03:04,000 --> 00:03:08,080 Speaker 2: worsened the climate crisis, which of course has directly impacted 55 00:03:08,080 --> 00:03:11,280 Speaker 2: young people who are inheriting this world. Some of the 56 00:03:11,320 --> 00:03:14,520 Speaker 2: examples being put forward by the young people themselves are 57 00:03:14,560 --> 00:03:18,160 Speaker 2: that they're suffering climate anxiety regarding the future. And Sam, 58 00:03:18,200 --> 00:03:20,840 Speaker 2: we actually held a whole event about this once, talking 59 00:03:20,880 --> 00:03:24,240 Speaker 2: about climate anxiety, speaking to a psychologist about how you 60 00:03:24,240 --> 00:03:26,839 Speaker 2: can actually deal with this. There was an example put 61 00:03:26,880 --> 00:03:30,080 Speaker 2: forward by that lead plaintiff, Ricky Held, who said that 62 00:03:30,120 --> 00:03:32,600 Speaker 2: she lives with her family on a ranch in Montana 63 00:03:33,080 --> 00:03:37,080 Speaker 2: and that climate disruption is threatening her family's livelihoods and 64 00:03:37,120 --> 00:03:41,120 Speaker 2: causing her to feel quote stress and despair. Other members 65 00:03:41,120 --> 00:03:43,720 Speaker 2: of the group are also saying that extreme heat and 66 00:03:43,760 --> 00:03:48,280 Speaker 2: weather events related to the climate crisis is impacting indigenous activities. 67 00:03:48,520 --> 00:03:51,560 Speaker 2: On Wednesday last week, the court heard that the Crow Fair, 68 00:03:51,680 --> 00:03:54,960 Speaker 2: which is an annual week long gathering of the Crow tribe, 69 00:03:55,000 --> 00:03:59,120 Speaker 2: had been abandoned or canceled recently due to increasing heat 70 00:03:59,120 --> 00:04:02,000 Speaker 2: in August, which is when it's usually held. And in 71 00:04:02,040 --> 00:04:04,520 Speaker 2: a similar way, these young people are arguing that the 72 00:04:04,560 --> 00:04:08,400 Speaker 2: weather is impacting cultural and family activities, things like the 73 00:04:08,480 --> 00:04:12,520 Speaker 2: ability to take part in sport and recreational activities. Here 74 00:04:12,560 --> 00:04:15,280 Speaker 2: are brothers Badge and Lander Bussy, who are two of 75 00:04:15,320 --> 00:04:18,680 Speaker 2: the sixteen plaintiffs in the case, speaking with Montana Public 76 00:04:18,760 --> 00:04:19,760 Speaker 2: Radio last week. 77 00:04:20,080 --> 00:04:22,159 Speaker 1: It's hard to watch like the things that I love 78 00:04:22,240 --> 00:04:24,839 Speaker 1: like get depleted slowly, Like fishing in my dad is 79 00:04:24,880 --> 00:04:26,880 Speaker 1: like my main way to hang out with him and 80 00:04:26,920 --> 00:04:29,240 Speaker 1: my brother. We're doing this first and foremost for the 81 00:04:29,240 --> 00:04:32,920 Speaker 1: people of Montana, who cherish and share this land and 82 00:04:33,040 --> 00:04:35,320 Speaker 1: use it the same ways that we do, and respect 83 00:04:35,360 --> 00:04:36,279 Speaker 1: it the same way we do. 84 00:04:37,160 --> 00:04:39,839 Speaker 3: A really interesting use of the legal system here, and 85 00:04:39,920 --> 00:04:42,080 Speaker 3: it's not the first time that we've seen young people 86 00:04:42,200 --> 00:04:46,520 Speaker 3: taking governments to court over climate inaction. Where did this 87 00:04:46,640 --> 00:04:48,120 Speaker 3: case originally come from? 88 00:04:48,480 --> 00:04:51,760 Speaker 2: So the Montana case is part of a broader series 89 00:04:51,800 --> 00:04:54,120 Speaker 2: of lawsuits that have been filed by young people in 90 00:04:54,120 --> 00:04:57,960 Speaker 2: the US. They've been coordinated by an organization called Our 91 00:04:58,080 --> 00:05:01,000 Speaker 2: Children's Trusts, who are representing all of the young people. 92 00:05:01,560 --> 00:05:05,080 Speaker 2: So far, the organization has actually brought legal action against 93 00:05:05,160 --> 00:05:07,880 Speaker 2: every US state government and the federal government. Yeah, I 94 00:05:07,880 --> 00:05:08,560 Speaker 2: didn't know that either. 95 00:05:08,680 --> 00:05:10,200 Speaker 3: A lot of litigation it. 96 00:05:10,160 --> 00:05:13,479 Speaker 2: Is, I mean expensive as well. In each case, the 97 00:05:13,680 --> 00:05:16,440 Speaker 2: aim is to petition the courts to strike down pro 98 00:05:16,480 --> 00:05:20,160 Speaker 2: fossil fuel policies by proving that the government does have 99 00:05:20,200 --> 00:05:23,880 Speaker 2: a legal obligation to consider the consequences of climate change 100 00:05:23,920 --> 00:05:27,120 Speaker 2: for young people. Most of the lawsuits have been dismissed 101 00:05:27,160 --> 00:05:29,640 Speaker 2: though it's probably why here in Australia we haven't heard 102 00:05:29,680 --> 00:05:33,120 Speaker 2: about them. The Montana lawsuit is actually the first to 103 00:05:33,160 --> 00:05:37,320 Speaker 2: make it to trial and it's partly because Montana's constitution 104 00:05:37,880 --> 00:05:41,080 Speaker 2: has something in it that explicitly says that residents have 105 00:05:41,200 --> 00:05:44,279 Speaker 2: the right to quote a clean environment for present and 106 00:05:44,400 --> 00:05:48,640 Speaker 2: future generations. So these plaintiffs are pointing to that part 107 00:05:48,640 --> 00:05:51,080 Speaker 2: of the constitution as to why this case may get up. 108 00:05:51,360 --> 00:05:53,359 Speaker 3: So there's two things to call out here. One is 109 00:05:53,400 --> 00:05:55,800 Speaker 3: that we've of course got the situation in the US 110 00:05:55,800 --> 00:05:59,240 Speaker 3: where there's a national constitution, a federal constitution, but also 111 00:05:59,400 --> 00:06:03,880 Speaker 3: state by constitutions, but also the natural qualities of Montana. 112 00:06:04,040 --> 00:06:06,760 Speaker 3: It's home to parts of the Yellowstone National Park, so 113 00:06:06,839 --> 00:06:10,200 Speaker 3: incredible mountain ranges, there's over a thousand glaciers. But at 114 00:06:10,200 --> 00:06:12,480 Speaker 3: the same time as all of that, it's also a 115 00:06:12,520 --> 00:06:13,520 Speaker 3: major coal exporter. 116 00:06:13,880 --> 00:06:16,719 Speaker 2: Yeah, it really is. I mean, Montana has a lot 117 00:06:17,080 --> 00:06:21,360 Speaker 2: of coal reserves, and aside from its exports, the emissions 118 00:06:21,400 --> 00:06:24,840 Speaker 2: from the fossil fuels burned in Montana is about average 119 00:06:24,839 --> 00:06:28,240 Speaker 2: with entire countries like New Zealand or Island. And that's 120 00:06:28,360 --> 00:06:31,440 Speaker 2: just one state series giving you a sense of exactly. 121 00:06:32,120 --> 00:06:36,240 Speaker 2: So this lawsuits claiming that Montana has continuously enacted state 122 00:06:36,320 --> 00:06:40,480 Speaker 2: laws that benefit the fossil fuel industry. And the argument 123 00:06:40,560 --> 00:06:43,800 Speaker 2: being here is that if it's benefiting the fossil fuel industry, 124 00:06:43,839 --> 00:06:46,960 Speaker 2: then it is violating the Constitution, or so they argue, 125 00:06:47,000 --> 00:06:50,279 Speaker 2: and that it's affecting Montana's atmosphere, it's rivers, its lakes, 126 00:06:50,320 --> 00:06:54,240 Speaker 2: fish and wildlife. Here is the attorney who is representing 127 00:06:54,320 --> 00:06:57,240 Speaker 2: these young people, and Nate Bellinger giving a recap of 128 00:06:57,320 --> 00:06:59,800 Speaker 2: some of the testimonies that the court has hurt so far. 129 00:07:00,200 --> 00:07:03,760 Speaker 4: Today we heard first from doctor Lori Byron, the pediatrician, 130 00:07:03,880 --> 00:07:08,799 Speaker 4: who is describing how climate change has unique harms to youth, 131 00:07:08,839 --> 00:07:12,200 Speaker 4: including the plaintiffs in this case. We also heard from 132 00:07:12,400 --> 00:07:16,640 Speaker 4: another expert, Mike Durglo, who talked about impacts to tribal 133 00:07:16,880 --> 00:07:21,400 Speaker 4: practices and traditions. And we heard from Jack Stanford who 134 00:07:21,520 --> 00:07:26,120 Speaker 4: described how Montana's amazing rivers and lakes are being impacted 135 00:07:26,200 --> 00:07:31,280 Speaker 4: by climate change, by warming temperatures and the impacts to fisheries. 136 00:07:31,920 --> 00:07:34,320 Speaker 3: So it talked a lot about the people bringing the case. 137 00:07:34,600 --> 00:07:36,400 Speaker 3: Give me a sense of what the response has been 138 00:07:36,480 --> 00:07:39,120 Speaker 3: for those defending the case, which in this case is. 139 00:07:39,040 --> 00:07:41,760 Speaker 2: The government fare to say they're not stoked. Montana's state 140 00:07:41,800 --> 00:07:45,400 Speaker 2: government has objected pretty strongly to the lawsuit. They've called 141 00:07:45,440 --> 00:07:50,000 Speaker 2: it a publicity stunt. He is Republican State Rep. Gary Perry, 142 00:07:50,080 --> 00:07:53,160 Speaker 2: who spoke at this year's legislative session. 143 00:07:53,360 --> 00:07:56,880 Speaker 5: And it's nearly impossible, and it's there specifically to be 144 00:07:56,920 --> 00:08:01,640 Speaker 5: an obstructionist measure for industry in this state. 145 00:08:02,360 --> 00:08:05,520 Speaker 2: In court, a lawyer for the state argued that climate 146 00:08:05,600 --> 00:08:09,000 Speaker 2: change was quote a global issue and Montana was just 147 00:08:09,120 --> 00:08:13,560 Speaker 2: a spectator. They said Montana's emissions are simply too minuscule 148 00:08:13,680 --> 00:08:16,760 Speaker 2: to make any difference. That is, I mean, a familiar 149 00:08:16,880 --> 00:08:19,040 Speaker 2: argument in all of the climate space. 150 00:08:19,200 --> 00:08:23,840 Speaker 3: We've definitely heard that argument before in climate discussions. This 151 00:08:23,960 --> 00:08:27,280 Speaker 3: sounds all quite familiar because we had a case, yeah, 152 00:08:27,280 --> 00:08:30,200 Speaker 3: we had a very similar case here in Australia in 153 00:08:30,240 --> 00:08:33,360 Speaker 3: twenty twenty and it was asking that same question of 154 00:08:33,400 --> 00:08:36,960 Speaker 3: whether government in action on climate change is a violation 155 00:08:37,200 --> 00:08:39,520 Speaker 3: of a young person's right to a healthy environment. 156 00:08:39,720 --> 00:08:43,520 Speaker 2: We did and it was eight Australian teenagers who sue 157 00:08:43,720 --> 00:08:47,160 Speaker 2: the then federal Environment Minister Susan Lee, who is currently 158 00:08:47,200 --> 00:08:50,560 Speaker 2: the deputy leader of the Liberal Party, and they argue 159 00:08:50,600 --> 00:08:54,000 Speaker 2: that in her capacity as Environment Minister, Lee had a 160 00:08:54,200 --> 00:08:57,319 Speaker 2: duty of care to consider climate impacts on children when 161 00:08:57,360 --> 00:09:01,520 Speaker 2: she approved coal mines. In one there was an absolutely 162 00:09:01,600 --> 00:09:04,520 Speaker 2: huge decision. We had the Federal Court Justice morde Haig 163 00:09:04,559 --> 00:09:07,880 Speaker 2: Bromberg rule in favor of the teenagers, and that was 164 00:09:07,920 --> 00:09:11,880 Speaker 2: said to have established a huge precedent. He ruled that 165 00:09:11,960 --> 00:09:14,120 Speaker 2: Susan Lee did have a duty of care to protect 166 00:09:14,200 --> 00:09:17,600 Speaker 2: these young people against the impacts of climate. Shortly after that, though, 167 00:09:17,640 --> 00:09:20,760 Speaker 2: Susan Lee appealed the case, and then last year in 168 00:09:20,800 --> 00:09:23,680 Speaker 2: twenty twenty two, the full Federal Court dismissed the finding 169 00:09:24,120 --> 00:09:27,320 Speaker 2: that Mordehai Bromberg had found on the grounds that the 170 00:09:27,320 --> 00:09:31,400 Speaker 2: climate impact of any individual decision by Susan Lee was tiny. 171 00:09:32,480 --> 00:09:35,480 Speaker 2: That case was led by Anne Sharma, who was in 172 00:09:35,559 --> 00:09:38,000 Speaker 2: high school at the time. I wanted to know what 173 00:09:38,080 --> 00:09:41,840 Speaker 2: she thought about the Montana case, because, I mean, her 174 00:09:41,880 --> 00:09:45,000 Speaker 2: case came first, but if it goes ahead in Montana, 175 00:09:45,040 --> 00:09:46,120 Speaker 2: it could be significant. 176 00:09:46,360 --> 00:09:49,240 Speaker 5: This case is just another example of young people having 177 00:09:49,280 --> 00:09:53,240 Speaker 5: to beg politicians to do their jobs and to implement 178 00:09:53,280 --> 00:09:55,640 Speaker 5: policy that means that we're able to live out the 179 00:09:55,679 --> 00:09:58,240 Speaker 5: rest of our lives in a healthy and safe environment. 180 00:09:59,040 --> 00:10:00,600 Speaker 5: And it sucks that we have to do this in 181 00:10:00,600 --> 00:10:03,600 Speaker 5: front of the courts. Especially it sucks that we have 182 00:10:03,679 --> 00:10:06,920 Speaker 5: to assume such a high financial burden and compete with 183 00:10:07,000 --> 00:10:10,080 Speaker 5: people who are usually quite well resourced and well layered. 184 00:10:10,600 --> 00:10:14,000 Speaker 5: But it shows really that across the world, we as 185 00:10:14,040 --> 00:10:15,920 Speaker 5: young people aren't willing to stand down. 186 00:10:16,559 --> 00:10:18,720 Speaker 3: And what is the outlook for the case? In Montana? 187 00:10:19,440 --> 00:10:22,280 Speaker 2: Legal experts are saying that if the young plaintiffs win 188 00:10:22,320 --> 00:10:24,600 Speaker 2: the case, then it could be used as a precedent 189 00:10:24,640 --> 00:10:28,199 Speaker 2: to bolster climate change efforts in other US states. Remember 190 00:10:28,240 --> 00:10:31,480 Speaker 2: we're just talking about a single state here, but experts 191 00:10:31,520 --> 00:10:35,680 Speaker 2: have highlighted that any win wouldn't necessarily mean specific action 192 00:10:35,800 --> 00:10:37,679 Speaker 2: would be taken by the state government. 193 00:10:38,400 --> 00:10:40,720 Speaker 3: The trial is due to run until the twenty third 194 00:10:40,800 --> 00:10:42,800 Speaker 3: of June, so we'll keep an eye on how it 195 00:10:42,840 --> 00:10:44,200 Speaker 3: progresses and let you know. 196 00:10:49,360 --> 00:10:51,319 Speaker 2: Thanks for joining us on the Daily OS. If you 197 00:10:51,440 --> 00:10:54,360 Speaker 2: learned something from today's episode, don't forget to hit subscribe 198 00:10:54,400 --> 00:10:57,480 Speaker 2: so there's a TVA episode waiting for you every weekday morning. 199 00:10:57,960 --> 00:11:00,280 Speaker 2: We will see you again tomorrow, but until then, have 200 00:11:00,320 --> 00:11:13,880 Speaker 2: a great day.