Your Legal Right to a Healthy Environment: Juliana Redux

In 2015 21 youths between the ages of eight and 17 asked a federal court to find that they have a constitutionally protected right to a healthy and su-stainable environment. In the interim, more than a few of the 21 youths are now 20-somethings. They’ve yet to have their day in court.

But it’s all about to change — twice over. First, a bit of background on the cases is in order.

Juliana v. US is a federal case that looks to establish a habitable environment as a constitutionally protected right. The case has been in and out of the courts multiple times, including the US Supreme Court (SCOTUS). A recent decision by the US District Court in Oregon has now cleared the way for a trial to begin, although a date has not been set.

Held v. Montana is being brought by “16 Montana youth against their State to protect their equal rights to a healthy environment, life, dignity, and freedom.” The plaintiffs in Held are accusing Montana of violating Articles II and IX of the state’s 1972 Constitution. Article II, Section 3 states, “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment.

Article IX of Montana’s state constitution provides: