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LEGAL RESOURCE – Expert Reports of Lise Van Sustern, M.D. – Held v. State of Montana

Summary/Abstract

This expert report was written by Lise Van Sustern, M.D. and filed by plaintiffs in the case Held v. State of Montana.

In this report, Dr. Van Sustern assesses the impact of climate change on the mental health of children in Montana, including the youth plaintiffs. This report surveys literature assessing the impact of heat waves, drought, clean water access, and wildfires on youth mental health, and reviews the impact of “indirect and vicarious” exposure to climate change on the mental health of young people. Dr. Van Sustern concludes that “[m]y review of the available information, as well as my individual psychological profiles of the select individual Plaintiffs, confirms, based on a reasonable degree of scientific certainty, that climate change poses a significant threat to the mental health and wellbeing of Montana’s children, and the 16 youth Plaintiffs in this case.”

In a subsequent rebuttal expert report, filed by plaintiffs on November 30, 2022, Dr. Van Sustern responds to the expert
report of Dr. Judith Curry filed on behalf of the State of Montana, and reiterates the conclusion of her September 30, 2022 expert report.

The underlying case, Held v. State of Montana, arose when, on March 13, 2020, sixteen young people filed a lawsuit in a state court in Montana, United States, asserting climate change-based claims under the Montana constitution against the State of Montana, its governor, and state agencies. In particular, the case challenged the constitutionality of Montana’s fossil fuel-based State Energy Policy and the “Climate Change Exception” in the Montana Environmental Policy Act. For more information about this case, visit the Sabin Center’s Climate Litigation Database.

Note: This climate attribution research was presented in the context of a contested legal proceeding. Different countries, courts, and legal forums may have different standards for expert testimony, and may conduct fact-finding based on legal standards of proof that differ from those applied in academic publishing. Readers should independently investigate and understand the bases for the assertions made in this document before applying this research in other contexts.

Expert Reports filed in "Held v. State of Montana" are available through Our Children’s Trust, the nonprofit law firm who represented the youth plaintiffs alongside co-counsel at the Western Environmental Law Center and McGarvey Law.

Visit "Our Children's Trust" to access this expert report
September 2022
Lise Van Sustern
Legal Document - Held v. State of Montana
Legal Document
Montana, United States
Climate Change Attribution in the Courts
Impact Attribution
Impact Attribution → Public Health

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