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The human right to a clean, healthy and sustainable environment is a resolution by the United Nations General Assembly and before that the United Nations Human Rights Council (HRC, as HRC/RES/48/13), that recognizes a healthy environment as a human right.
The right to a healthy environment uses a human rights approach to protect environmental quality; this approach addresses the impact of environmental harm upon individual humans, as opposed to the more traditional approach of environmental regulation which focuses on impacts to other states or the environment itself. [8]
Held v. Montana is a constitutional court case in the State of Montana regarding the right to a "clean and healthful environment in Montana for present and future generations" [3]:Art. IX, § 1 as required by the Constitution of Montana.
The UN says countries must act urgently to protect children from the harmful effects of climate change.
Sackett v. Environmental Protection Agency, 566 U.S. 120 (2012), also known as Sackett I (to distinguish it from the 2023 case), is a United States Supreme Court case in which the Court held that orders issued by the Environmental Protection Agency under the Clean Water Act are subject to the Administrative Procedure Act. [1]
In 2023 a District Court ruled that the Montana Environmental Policy Act (MEPA) that prohibited the state from considering greenhouse gas emissions was a violation of the "Plaintiffs' right to a clean and healthful environment and is facially unconstitutional". [103] The Office of the Attorney General of Montana will appeal the decision. [104]
While environmental rights are mentioned in a number of state constitutions, the state of Pennsylvania was the first to pass an actual environmental rights amendment [4] as part of their state's bill of rights in 1971. Montana added environmental rights in 1972. [5] It was not until 2022 that New York state [6] added an environmental rights ...
Whitman v. American Trucking Associations, Inc., 531 U.S. 457 (2001), was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard (NAAQS) for regulating ozone and particulate matter was challenged by the American Trucking Association, along with other private companies and the states of Michigan, Ohio, and West ...