Trial is now expected to conclude mid-morning TOMORROW!
Youth plaintiff Rikki in court next to Nate Bellinger, Senior Staff Attorney with Our Children’s Trust (Photo by Robin Loznak)
Testimony from State Witnesses
Witnesses for the state of Montana who testified today included Christopher Dorrington, Sonja Nowakowski, and Dr. Terry Anderson.
The first witness to testify was Christopher Dorrington, Director of the Montana Department of Environmental Quality (DEQ). According to Mr. Dorrington, the DEQ’s role is to implement the laws of Montana regarding environmental concerns.
During cross examination by Melissa Hornbein, Senior Attorney with Western Environmental Law Center (WELC) and co-counsel for the youth plaintiffs, Mr. Dorrington was asked if he would agree that the activities the DEQ permits contribute to greenhouse gas (GHG) emissions in Montana. He replied affirmatively, explaining that the DEQ conducts permitting activities that allow industry and individuals to engage in activities that emit GHG emissions. DEQ, he said, does not create the laws, but is tasked with implementing them.
Supporters cheer on the youth as they arrive at the courthouse (Photo by Robin Loznak)
The second witness of the day was Sonja Nowakowski, Administrator for the Air, Energy, and Mining Division at Montana DEQ. Ms. Nowakowski repeatedly stated that DEQ is not allowed to deny permits for fossil fuel activities even though they are contributing to climate change and are harming the environmental life support system of the youth. She also admitted that DEQ could perform an analysis of the environmental impacts of greenhouse gas emissions in Montana on climate change, but that the law prohibits them from doing so.
Ms. Nowakowski said, “The state might have to have some difficult conversations about transportation, agriculture, but fossil fuel activities are the largest contributor in Montana.”
Phil Gregory, attorney for the youth plaintiffs, questions Dr. Terry Anderson on cross examination (Photo by Robin Loznak)
The final state witness of the day was Dr. Terry Anderson, an economist and Senior Fellow at the Hoover Institution at Stanford University and emeritus professor at Montana State University. He presented a brief testimony, answering questions from defense attorneys related to Energy Information Administration data on GHG emissions.
During cross examination, Philip Gregory, Of Counsel with Our Children's Trust, asked about errors in math and misinterpretation of data in Dr. Anderson’s expert report. The state initially objected, stating the question exceeded the scope. However, attorneys for the youth plaintiffs argued that the cross examination went to credibility of the witness.
“Are you going to show me the numbers are wrong?" Judge Seeley asked Mr. Gregory.
“Yes, absolutely,” Mr. Gregory proclaimed. “100% wrong."
Youth plaintiffs arrive for their sixth day of trial (Photo by Robin Loznak)
The State declined to call to the stand its single climate science witness, Judith Curry; its only mental health witness, Debra Sheppard; and a number of other government witnesses.
Trial Will Conclude Tomorrow Morning! The state is expected to rest their case in the morning, followed by closing arguments. Don’t miss the conclusion of this historic trial! Go to bit.ly/MTClimateTrialto learn how you can attend or watch LIVE.
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