From the Daily Montanan:
The Montana Supreme Court on Wednesday upheld a district court ruling in the nation’s first constitutional climate change trial, affirming that the youth plaintiffs have a “fundamental constitutional right to a clean and healthful environment” while revoking two Montana statutes.
The 70-page decision, authored by Chief Justice Mike McGrath, comes 16 months after Lewis and Clark District Court Judge Kathy Seeley ruled in the landmark Held v. Montana lawsuit, explicitly stating that the state’s greenhouse gas emissions are “proven to be a substantial factor in causing climate impacts to Montana’s environment, and harm and injury to the youth plaintiffs.” Seeley’s decision also rolled back two laws enacted by the 2023 legislature that changed the Montana Environmental Policy Act.
The state immediately appealed the decision to the Montana Supreme Court, which heard oral arguments in the appeal in July. The court found in a 6-to-1 decision that Montana’s constitutional guarantee of a “clean and healthful environment” includes a stable climate system, “which is clearly within the object and true principles of the Framers inclusion of the right.”
“Plaintiffs showed at trial—without dispute—that climate change is harming Montana’s environmental life support system now and with increasing severity for the foreseeable future,” the order states. “Plaintiffs showed that climate change does impact the clear, unpolluted air of the Bob Marshall wilderness; it does impact the availability of clear water and clear air in the Bull Mountains; and it does exacerbate the wildfire stench in Missoula, along with the rest of the State.”
The six-justice majority found the law which limited analysis of greenhouse gas emissions during environmental reviews violates the Montana Constitution’s “right to a clean and healthful environment,” and enjoined the state from acting on it.
All this sounds great, but what does it mean in practice? OK, analyses of greenhouse gas emissions are admissible in environmental reviews. But what actions can be taken to force the reductions of these pollutants?
Good News from Montana in Climate Change Mitigation …. Or Is It?
Renewable Energy
Trump and the Declaration of Independence
Those who stand in opposition to the president have dozens of different reasons for their feelings. One, as is on display here, is that he’s an ignoramus.
Renewable Energy
Could Obama Pass a Cognitive Test?
Not sure about this.
A magna cum laude graduate of Harvard Law School might struggle to identify a bear. Could be.
This is the intelligence level of the American electorate today.
Renewable Energy
Big Win for Those Incapable of Elementary School Math
The Chinese ownership of American farmland is less than 0.00036, or 0.036%. To put this into perspective, if the entirety of U.S. farmland were reduced to one acre, the Chinese government and business interests would own less than 15 square feet, about half the size of a small broom closet.
Yet, true to form, this is a huge issue for the MAGA base.
-
Climate Change9 months ago
Guest post: Why China is still building new coal – and when it might stop
-
Greenhouse Gases9 months ago
Guest post: Why China is still building new coal – and when it might stop
-
Greenhouse Gases2 years ago嘉宾来稿:满足中国增长的用电需求 光伏加储能“比新建煤电更实惠”
-
Climate Change2 years ago
Bill Discounting Climate Change in Florida’s Energy Policy Awaits DeSantis’ Approval
-
Climate Change2 years ago嘉宾来稿:满足中国增长的用电需求 光伏加储能“比新建煤电更实惠”
-
Renewable Energy6 months agoSending Progressive Philanthropist George Soros to Prison?
-
Carbon Footprint2 years agoUS SEC’s Climate Disclosure Rules Spur Renewed Interest in Carbon Credits
-
Renewable Energy2 years ago
GAF Energy Completes Construction of Second Manufacturing Facility
