Clean Environment is a Constitutional Right in Montana

In an important legal precedent for the U.S., the Montana Supreme Court unanimously ruled that state residents have an “inalienable right” to a clean environment, making it illegal for the state to allow activities that cause pollution. The ruling states the Montana Constitution protects people from activities that have the potential to cause pollution as well as from known environment damage. Justice Terry Trieweiler wrote, “Our constitution does not require that dead fish float on the surface of our state’s rivers and streams before its farsighted environmental protections can be invoked.”

The decision is the outcome of a suit initiated by three environmental groups. According to a 1995 law, a proposed gold mine could receive a state permit without conducting water well pump tests; the groups argued this violated constitutional rights.