ELR Citation: 54 ELR 20172
No(s). DA 23-0575 (Mont. Dec 18, 2024)

The Montana Supreme Court affirmed a trial court ruling that declared the Montana Environmental Policy Act (MEPA) violated youths' state constitutional right to a "clean and healthful environment." The youths argued a provision of MEPA that precluded analysis of greenhouse gas emissions in EAs and EISs was unconstitutional, and that their express right under the Montana Constitution to a clean and healthful environment had been violated. The lower court found the fundamental constitutional right included climate as part of the environmental life support system, that the youths had standing, and that the MEPA limitation violated the constitution's right to a clean and healthful environment, and it permanently enjoined its enforcement. The high court found the youths had standing to challenge the injury to their right to a clean and healthful environment, that such right was violated by the MEPA limitation, and that the limitation was unconstitutional. It affirmed the lower court's order enjoining the state from enforcing the MEPA limitation.