Jacobson argued that Montana’s reliance on climate-damaging extraction is motivated by perceived “sunk costs” — continuing to support fossil fuels because they’ve already invested so much in the system — as well as by bad policy. “If policies were based on economics, there would be no more fossil fuel growth in Montana or in any country,” he said. His delivery, confident and conversational, made the steps required to resolve the climate crisis seem eminently doable. “The main barrier to energy transition is that we need collective willpower,” he said. “That requires individuals, state governments and national governments to work toward this goal.”

In response, the state has argued that nothing the judge can do will help the plaintiffs; that even were the courts to side with the plaintiffs, it would not help solve climate change, as Montana contributes only a small amount of CO2 emissions compared to global emissions, and that there are no local remedies available to resolve the plaintiffs’ hurt. Furthermore, they said the plaintiffs were attempting to circumvent the Montana Legislature, where their concerns ought to be heard and where environmentalists, for over a decade, have been attempting to do so with little success.