News & Analysis as of

State Constitutions Environmental Litigation

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

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

Beveridge & Diamond PC

New York Courts Provide Additional Guidance on Implementation of Green Amendment

Beveridge & Diamond PC on

Based on recent decisions, judicial interpretation of New York’s Environmental Rights Amendment (also called the Green Amendment) continues to evolve. The Green Amendment guarantees New Yorkers a “right to clean air and...more

ArentFox Schiff

Three Takeaways From the Montana Supreme Court Decision Guaranteeing a Right to a Stable Climate

ArentFox Schiff on

Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more

Foley Hoag LLP - Energy & Climate Counsel

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...more

(ACOEL) | American College of Environmental...

Pennsylvania Supreme Court Holds State’s Legal Representation Legally Inadequate For Failure To Argue Environmental Rights...

On July 18, 2024, the Pennsylvania Supreme Court decided that environmental groups were entitled to intervene in a case challenging the lawfulness of a greenhouse gas regulation because the state’s attorneys failed to raise...more

ArentFox Schiff

Ten Highlights from the Environmental and Energy Space in 2023

ArentFox Schiff on

Environmental and energy issues were in the headlines for much of 2023. We had several major US Supreme Court cases, Canadian wildfires that produced haze in many American cities throughout the summer, and continued attention...more

Jenner & Block

Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit (Corporate Environmental Lawyer )

Jenner & Block on

On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more

(ACOEL) | American College of Environmental...

State Constitutions to the Rescue?

The constitutions of more than three-quarters of the countries on earth have explicit reference to environmental rights or responsibilities. In the last several years courts in the Netherlands, Germany, France, Australia,...more

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