Montana's Supreme Court on Wednesday reaffirmed a 2023 ruling in favor of young climate activists who argued the state violated their constitutional right to a clean and healthful environment, The Hill reported.
The court's 6-1 decision highlights the growing role of constitutional provisions in addressing climate issues.
The case originated with 16 young plaintiffs who challenged a state law prohibiting climate impacts from being considered during energy project approvals. In support of their argument, they cited the Montana constitution, which explicitly guarantees residents "a clean and healthful environment."
In August 2023, Montana's First Judicial District sided with the plaintiffs, agreeing that the law infringed upon this right. The state's highest court reinforced this perspective, asserting that a stable climate system is integral to the constitutional promise of environmental protections.
"Montana's right to a clean and healthful environment and environmental life support system includes a stable climate system," the court wrote.
Justice Jim Rice, the lone dissenter, disagreed with the ruling, aligning with arguments presented by Montana Attorney General Austin Knudsen, a Republican. Knudsen had contended that state-level actions would have little global impact, likening Montana's efforts to addressing a global problem in isolation. However, the court dismissed his argument as fallacious, comparing it to the logic of blindly following harmful collective behavior.
Chase Scheuer, press secretary for the attorney general's office, said in a statement: "The decision is disappointing, but not surprising. The majority of the state Supreme Court justices yet again ruled in favor of their ideologically aligned allies and ignored the fact that Montana has no power to impact the climate."
Environmental advocates, including Melissa Hornbein, an attorney with the Western Environmental Law Center, celebrated the decision. Hornbein described it as "a monumental moment" for young people and the state as a whole.
"This ruling clarifies that the constitution sets a clear directive for Montana to reduce its greenhouse gas emissions, which are among the highest in the nation on a per capita basis, and to transition to a clean, renewable energy future," Hornbein said.
The ruling is expected to have broad implications for Montana's environmental policy and could serve as a model for other states with similar constitutional provisions.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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