On Tuesday, in a 5-2 decision, the Supreme Court of the State of Montana refused to entertain the state’s attempt to halt implementation of a significant climate ruling. As per the judgment given by a Montana state judge in August 2023, an element of the Montana Environmental Policy Act (MEPA), was nullified on the grounds of violation of the right to a clean and healthful environment, a pivotal right validated by theMontana’s Constitution.
Nonetheless, the Montana First Judicial District Court was not found to have misapplied its power when it rejected the state’s try to block its August decision. The District Court had declared that the August ruling did not impede the state from performing its statutory functions such as assessing environmental effects on permit applications or deciding on issuing them. The requirement was for these statutory functions to be performed in a constitutionally valid way. Consequently, it is noteworthy that Montana Supreme Court Justices Jim Rice and Dirk Sandefur expressed their disagreement, indicating they would have been in favor of blocking the August ruling.
In reaction to this decision, Our Children’s Trust Senior Staff Attorney, Nate Bellinger, who is counsel for plaintiffs, delivered a statement welcoming the denial of state’s attempt to maintain its current policies concerning climate change measures which, according to him, were already having adverse effects on Montana’s natural environment and the youth plaintiffs involved in the lawsuit.
Prior to this, in August, the district court ruled that a limitation in the Montana Environmental Policy Act (MEPA), which forbids the consideration of greenhouse gas emissions (GHG emissions) during the review of energy and mining projects, was an infringement of the state constitution. This was due to its categorical limit on what government bodies can scrutinize whilst endeavoring to protect Montana’s environment. The youth plaintiffs, who contested that the state failed in its duty to protect them and future generations from the harmful effects of climate change, benefitted from this ruling. Notably, this case was the first constitutional climate suit in US history to make it to trial.
Subsequently, in December 2023, Montana, along with several other states, challenged a Biden administration greenhouse gas emissions regulation. The rule necessitates states to reduce vehicle emissions as part of the plan for achieving the administration’s target of having net-zero emissions by 2050. Montana and its co-litigants filed a lawsuit in opposition to this federal rule.
For a detailed reading of the landmark ruling, visit the original news piece at this link.