News & Analysis as of

Montana Constitutional Challenges

Jones Day

Montana Supreme Court Holds State Constitution Includes Protections Against Climate Change

Jones Day on

Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

Holland & Hart LLP on

On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

Adams & Reese

Santa’s Helpers: Montana Supreme Court Justices Deliver a Climate Change Miracle to Sixteen Youths

Adams & Reese on

One week before Christmas, the Montana Supreme Court delivered a landmark gift to sixteen youth plaintiffs in Head, et al., v. State of Montana, et al., 2024 MT 300 (Mont. 2024), holding that the State of Montana violated...more

Cadwalader, Wickersham & Taft LLP

Montana Court Finds State Energy Policy Unconstitutional

As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more

Verrill

Montana Court Upholds Constitutional Right to Safe Climate

Verrill on

Last week, in Held v. State of Montana, the First Judicial District Court of Lewis and Clark County issued a groundbreaking decision in favor of sixteen youth plaintiffs who challenged a Montana environmental review law that...more

Holland & Hart LLP

Montana Court Rules State Agencies Must Consider GHG/Climate Impacts in Fossil Fuel Approvals

Holland & Hart LLP on

On August 14, 2023, Judge Kathy Seeley issued a decision in the Held case that impacts state fossil fuel permit holders and current and future permit applications. Judge Seeley found unconstitutional a Montana statute that...more

White and Williams LLP

Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate...

White and Williams LLP on

On August 14, 2023, in a “landmark” ruling, a Montana state court held that youth plaintiffs had standing to assert constitutional claims against the State of Montana, its governor and state agencies for “ignoring” the impact...more

Cadwalader, Wickersham & Taft LLP

Montana Residents Challenge State Energy Policy as Unconstitutional

A trial has been scheduled for June 12 in a case involving climate-related constitutional challenges to actions by the State of Montana, its governor, and various state agencies. In Held v. Montana, sixteen Montana...more

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