Well, now, here’s some upbeat holiday season news! . . .
The Montana Supreme Court has upheld a district court ruling in Held v. Montana, affirming the young plaintiffs have a “fundamental constitutional right to a clean and healthful environment.”
In a 6 to 1 ruling, Montana’s high court ruled the public’s right to a clean and healthful environment under Montana’s constitution was violated when the state legislature passed a law removing the impacts of greenhouse gas emissions from environmental reviews under the Montana Environmental Policy Act (MEPA). Chief Justice Mike McGrath authored the opinion.
“Plaintiffs have standing to challenge the injury to their constitutional right to a clean and healthful environment,” wrote McGrath. “Montanans’ right to a clean and healthful environment was violated by the MEPA Limitation, which precluded an analysis of [greenhouse gas] emissions in environmental assessments and environmental impact statements during MEPA review.”