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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.
These amendments guarantee citizens the right to a healthy environment. Related rights included in these proposals often include a right to a stable climate, clean air and water, environmental justice, preservation of natural, scenic, esthetic and historic values of the environment. [13] [14]
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]
A state constitutional amendment affirming the right to clean air and water and a healthy environment would be a bold step, safeguarding the health and rights of all our residents.
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 ...
The HRC resolution in itself is not legally binding, but it "invites the United Nations General Assembly to consider the matter" (i.e. the human right to a clean, healthy and sustainable environment). [1] Vote of the Human Rights Council on the related HRC/48/L.27
A proposed change to California's Constitution seeks to make clean air and water a right, along with a healthy environment. Here, wildfire smoke obscures the skyline of downtown Los Angeles in ...
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]