Montana Supreme Court Holds Constitutional Right to Clean Environment Free From Effects of Climate Change

The average global surface temperature has increased by around 2°F since 1900. This coincides with a sharp increase in C02 emissions for the same period. The increased temperature has led to more extreme weather events . The countries burning the most fossil fuels, which scientists believe is the largest contributor to climate change, are falling behind on their goals to reduce emissions established in the Paris Accords . All of this is making a lot of people worried. Particularly young people . That’s why several have attempted to take matters into their own hands through the legal system by filing lawsuits against oil companies and governments. Most of these lawsuits (at least in the U.S.) have met with little success. Until now. Montana’s Progressive Environmental Protections According to the Montana Supreme Court, the state’s lack of concern for greenhouse gas emissions violates the state constitution. However, the Montana Constitution has some unique provisions. Under Article II, Section 3, all state residents have an inalienable right to “… a clean and healthful environment.” Further, Article IX, Section 1 holds that: “The state … shall maintain and improve a clean and healthful environment in Montana for present and future generations (emphasis added) 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” This is not a universal protection in state constitutions. There is no similar provision in the U.S. Constitution, and only Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island contain a similar right to a quality environment. New York was the latest state to enact such a provision in 2021. While almost every state has something related to the environment in its constitution, such as provisions relating to navigable waters, […]

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