ELR Citation: 53 ELR 20135
No(s). CDV-2020-307 (Mont. 1st Jud. Dist. Aug 14, 2023) (Seeley, J.)

A state court held unconstitutional a provision of the Montana Environmental Policy Act that prohibited state agencies from considering the impacts of greenhouse gas (GHG) emissions on climate change in environmental reviews. A group of youths challenged the prohibition, arguing it was causing or contributing to climate change in violation of their rights guaranteed under the Montana Constitution. The court found that by prohibiting consideration of climate, GHG emissions, and how additional GHG emissions will contribute to climate change, the provision violated the youths' constitutional "right to a clean and healthful environment," which included climate as part of the environmental life-support system. It declared unconstitutional and permanently enjoined the provision.