Held v. Montana

Overview

(Montana Supreme Court, December 18, 2024): The Montana Supreme Court upheld the right to a clean and healthful environment under the Montana Constitution, affirming the trial court’s decision and rejecting the State’s contentions that the framers did not intend to encompass environmental degradation resulting from climate change. A group of youths challenged a provision of the Montana Environmental Policy Act (MEPA) which restricts the consideration of greenhouse gas emissions in environmental reviews. The court cited precedent describing the constitutional right as “forward-looking and preventative” from the 1972 Montana Constitutional Convention and exercised strict scrutiny over the MEPA prohibition. Upholding the constitutional right resulted in striking down the statute. Read the full Opinion here.

View all cases in the Judicial Trends in Public Health – February 18, 2025.

View all cases under “Constitutional Rights and the Public’s Health.”