Law Commons^™

Held V. State, Alec D. Skuntz

Public Land & Resources Law Review

On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …

The Public Trust Doctrine And The Montana Constitution As Legal Bases For Climate Change Litigation In Montana, Gregory S. Munro

Faculty Law Review Articles

This article examines the need to resort to law and the legal process to address the risk posed by climate change to Montana and its people.

Part II provides a brief overview of global warming. Part III demonstrates how civil litigation can and should provide a meaningful role in addressing climate change. Part IV traces the origin of the public trust doctrine and how the U.S. Supreme Court and Montana Supreme Court have applied the doctrine in the past. Part V argues that principles underlying the public trust doctrine make it appropriate for the Montana courts to expand the doctrine …