Last year, a Montana state District Judge ruled in favor of plaintiffs who said the state was violating residents’ constitutional right to a clean environment by allowing oil, gas and coal projects without regard for global warming.
An appeal hearing was recently held by the Montana Supreme Court. University Professor David Driesen discussed the appeal with the Associated Press and its potential impact on similar states that have state constitutional protection for the environment.
“The bottom line is whatever the state Supreme Court decides, it’s more likely to have an influence” than last year’s lower court ruling, said Driesen, an expert on environmental law. “Other states that have those provisions will consider it. They don’t have to follow it.”
The case is Held v. Montana.