Index
Montana Right to a Clean Environment
Summary
Montana is one of only a few states that explicitly guarantees its citizens a fundamental constitutional right to a 'clean and healthful environment.' This was recently used by youth plaintiffs to successfully sue the state over climate change policies.
Rights & Rules
- 01.The state constitution dictates that the government and private citizens must maintain and improve a clean and healthful environment in Montana for present and future generations.
- 02.The state legislature is required to provide adequate remedies to prevent the 'unreasonable depletion and degradation of natural resources.'
- 03.Citizens have the legal standing to sue the state government if they pass laws that actively harm the environment or accelerate climate change.
Penalties
- 01.If the state passes a law that degrades the environment (like forbidding state agencies from considering greenhouse gas emissions when approving fossil fuel projects), citizens can sue to have the law declared unconstitutional and struck down.
Verified Citations
Constitution of Montana, Article II, Section 3 & Article IX, Section 1
Source"All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment... The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations."