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A 1972 constitutional convention added language guaranteeing citizens "the right to a clean and healthful environment"—language that would become central to the Held case. [5] At the time of trial, Montana was one of only three states with constitutions having environmental protections explicitly recited in their bill of rights , thus ...
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]
In 2022 during its 76th session, the United Nations General Assembly adopted a resolution recognizing the human right to a clean, healthy, and sustainable environment. [6] Although General Assembly resolutions are not legally binding, this resolution was welcomed by UN High Commissioner for Human Rights Michelle Bachelet , [ 7 ] multiple ...
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.
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 ...
Three states — Montana, New York and Pennsylvania — have established constitutional rights to a clean environment via similar amendments, but another 15 either are considering such measures or ...
Montana added environmental rights in 1972. [5] It was not until 2022 that New York state [6] added an environmental rights amendment to their bill of rights. Article I section 19 of the New York Constitution provides, "Each person shall have a right to clean air and water, and a healthful environment."
Montana alleges harm under Montana's state constitution. [102] 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]