In a landmark ruling, a Montana judge decided that the state government has violated its own constitution ensuring every citizen’s “right to a clean and healthful environment” by subsidizing fossil fuel harvesting and use over other energy sources, the Washington Post reports. The case, brought by Montanans between the ages of five-years-old up to age 22, is believed to be the first successful constitutionally-based argument about the right to a clean environment brought by minors suing to ensure governments honor their stewardship of the nation for future generations.
The Montana Environmental Protection Act, originally passed in 1971, was updated in 2001 to loosen environmental protections to be more fossil-fuel friendly. Recent revisions and other legislation, however, provided funds for fossil fuel harvesting and use in the state, while impeding the development of renewable fuels. Article II Section 3 of the state constitution, however, requires the government to protect the environment:
All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities. [Emphasis added]
