A Basic Right to a Clean and Healthful Environment

August 19, 2023
British daily Guardian calls the Montana ruling ‘gamechanger’

This week, a Montana judge’s opinion made headlines around the world by reversing a Montana Environmental Policy Act stipulation barring the state from considering climate impacts when permitting projects. The court also affirmed that climate is included in the state constitution’s guarantee of a right to a “clean and healthful environment.” See Held v Montana

The judge ruled in favor of a group of young plaintiffs who took to the courts to argue that the state had violated their right to a clean environment. And while doubtless the State will now appeal the decision to the State Supreme Court, the Montana Constitution’s language is unambiguous – we have a right to a clean and healthful environment.

I’ve long thought that the public would be outraged understanding how frequently environmental damage is being enabled, permitted, or ignored by environmental regulators or regulatory agencies, the very officials we entrust with the protection of our shared vital natural resources.

One thing is clear today in Montana, where the smoke of countless wildfires chokes our air, so-called ‘business as usual’ will need to be replaced by a renewed regulatory commitment to Montanans’ basic right to a clean and healthful environment.

Other agencies, here and beyond, should note this important ruling and thoughtfully implement the environmental protection programs they have been long-charged to serve.

Our thanks to the 16 young people who brought this action. You are the future – truly Montana’s best and brightest.

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