montana
Newsletter
Credit: Douglas Fischer
Montana’s Supreme Court debates climate law's constitutionality
A landmark climate lawsuit in Montana questions whether a state law supporting fossil fuel development infringes on constitutional rights to a healthy environment.
Nicholas Kusnetz and Najifa Farhat report for Inside Climate News.
In short:
- Montana's Supreme Court heard arguments about a law that prohibits considering climate impacts in fossil fuel project approvals, challenged by 16 youths.
- Plaintiffs argue the law violates Montana’s constitutional right to a "clean and healthful environment," with potential national implications.
- The state’s defense claims Montana's emissions are too minor to affect global climate change, questioning the court's jurisdiction.
Key quote:
“Any environmental case that gets to the Supreme Court is dead on arrival. That’s why people are going to the states.”
— Patrick Parenteau, professor of law emeritus and senior fellow for climate policy at Vermont Law and Graduate School
Why this matters:
The case could set a precedent for constitutional climate rights, influencing environmental policy and legal actions nationwide, especially as federal regulations face challenges. Read more: Youth v. Montana — Young adults speak up.
In short:
- Montana's Supreme Court heard arguments about a law that prohibits considering climate impacts in fossil fuel project approvals, challenged by 16 youths.
- Plaintiffs argue the law violates Montana’s constitutional right to a "clean and healthful environment," with potential national implications.
- The state’s defense claims Montana's emissions are too minor to affect global climate change, questioning the court's jurisdiction.
Key quote:
“Any environmental case that gets to the Supreme Court is dead on arrival. That’s why people are going to the states.”
— Patrick Parenteau, professor of law emeritus and senior fellow for climate policy at Vermont Law and Graduate School
Why this matters:
The case could set a precedent for constitutional climate rights, influencing environmental policy and legal actions nationwide, especially as federal regulations face challenges. Read more: Youth v. Montana — Young adults speak up.
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Credit: Steven Cordes/Unsplash
Montana may include climate impact analysis in energy project evaluations
Montana's Department of Environmental Quality is considering integrating climate impact assessments into energy project evaluations to protect residents' right to a clean environment.
In short:
- A 20-person workgroup, convened by the Department of Environmental Quality, has recommended reforms to the Montana Environmental Policy Act (MEPA) to include climate impact assessments.
- The recommendations follow a court ruling that prohibiting the state from considering greenhouse gas emissions in permitting decisions is unconstitutional.
- The workgroup's final report is expected to outline methods for short-term climate analyses while awaiting a Supreme Court decision on the matter.
Key quote:
“When I read your recommendation, it sort of seems like we’re pursuing the most aggressive treatment for the problem rather than starting with aspirin.”
— Clayton Elliott, Montana Trout Unlimited
Why this matters:
This initiative could have far-reaching implications, potentially setting a precedent for other states to follow. As climate change increasingly impacts daily life, from more severe weather events to shifts in local ecosystems, assessing the climate implications of new energy projects becomes crucial. Residents stand to benefit from cleaner air and water, reduced health risks, and the preservation of natural landscapes.
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Credit: Steven Cordes/Unsplash
Montana's youth take a stand for environmental rights
In a significant legal battle over Montana's environmental policy, young plaintiffs push back against the state's Supreme Court appeal, defending their right to a cleaner future.
In short:
- Youth plaintiffs argue that Montana’s constitution mandates a clean environment, refuting the state's appeal against a ruling that favored environmental protections.
- They highlight the 1972 Constitution framers' intent to empower courts in safeguarding Montanans' environmental rights.
- The state's contention that local greenhouse gas emissions have a minimal global impact is challenged by the plaintiffs, emphasizing the importance of addressing local environmental degradation.
Key quote:
“As the trial record and District Court’s Order make clear, this case is about harm to Montana’s environment, natural resources and climate (and consequently its children) caused by [greenhouse gas] pollution and climate change.”
— Attorneys for the plaintiffs in Held v. Montana
Why this matters:
Fueled by a sense of urgency and a demand for action on climate change, young climate activists are leveraging lawsuits to push for more aggressive environmental protections and policy reforms. The legal actions spearheaded by these young Americans are not just symbolic gestures but are grounded in the belief that current and future generations have the constitutional right to a stable climate and a healthy environment.
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Credit: ElasticComputeFarm/Pixabay
Montana judge halts development over water concerns
In a landmark decision, a Montana judge has blocked a new housing development, citing inadequate groundwater protection.
In short:
- A Montana court ruled against a new housing development due to concerns over declining groundwater resources.
- The case highlights the tension between housing demand and environmental sustainability in water-stressed areas.
- The ruling could set a precedent, potentially impacting future developments across Montana.
Key quote:
“The pendulum for the longest time was largely swinging in support of development at any cost."
— Guy Alsentzer, executive director of Upper Missouri Waterkeeper
Why this matters:
This ruling is a significant moment for public policy, balancing the need for housing against the imperative of sustainable water use, which is crucial for both ecological health and human well-being.
Be sure to read: Tainted water imperils health, traditions for Montana tribe.
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W. Scott McGill/Big Stock Photo
Exclusive: Law firm behind Juliana kids climate case takes on EPA
Fresh off a historic legal victory in Montana, attorneys for young climate activists are filing their second-ever lawsuit against the federal government.
Photo by Michael Bourgault on Unsplash
Report details climate change threats to Montana's outdoor economy
A report commissioned by the advocacy group Montana Wildlife Federation looks at how climate change could lead to loss of jobs and labor earnings for outdoor industries like hunting, fishing, tourism and recreation.
Big Stock Photo
Report: Outdoor economy to suffer as climate change worsens
The effects of climate change are already affecting Montana’s outdoor recreation, but with predictions of even more heat and drought by 2050, the outdoor recreation industry stands to lose thousands of jobs and hundreds of millions in earnings, according to a new report.
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