Op-Ed: Montana Supreme Court oversteps and makes a mess

Typically, courts provide clarity. They do not exist to make or enforce law but rather interpret what the law says. Nothing more, nothing less.

But a week of tumultuous rulings in Montana has, in many ways, upended the state’s legislative authority and made an overall mess of the policy-making process. It’s an unwanted Christmas gift that’ll just keep giving – and taking – for years to come.

The Montana Supreme Court’s questionable decision in Held v. Montana reads more like a policy argument than a finding of law.

The case was brought by a group of young people seeking to put the state on trial for its climate regulations. The young people claimed the state policy on climate change threatened their “physical and mental health.”

Recent legislative actions have barred state bureaucrats from considering world climate impact in analysis of large energy projects in Montana. The state law says it “may not include a review of actual or potential impacts beyond Montana’s borders. It may not include actual or potential impacts that are regional, national, or global in nature.” In other words, consider the impact on Montana – period.

Greenhouse gases are, of course, not confined by state lines. It is difficult, if not impossible, to know the exact worldwide impact of any one project in any one state. And even if you could, the impact of any Montana project is likely dwarfed by massive greenhouse gas emissions coming from other parts of the world.

Still, the majority of the court ruled with the teenagers, reading a new right into the Montana Constitution of a “stable climate system,” and ordering legislative action.

It should be noted that the words “clean and healthful environment” appear in the state constitution, but “climate” is not found in the document. The justices claimed that didn’t matter, because the constitution was “a living thing designed to meet the needs of a progressive society” – a contention that is often used by courts that feel the need to legislate.

The court’s ruling will undoubtedly have an impact on Montana’s economy and its future energy needs, opening the door for projects to be stymied.

While the court may feel strongly about the role of climate change in the environment, it has no constitutional authority to decide what the state should do about it. That is supposed to be left to the policymakers in the legislative branch, and to the executive branch charged with enforcing the law.

This is not the first time the Montana Supreme Court has overstepped its authority and likely won’t be the last. Judicial reform was already likely to be a high priority in the upcoming legislative session, but with this ruling, it likely goes into overdrive.

The tug of war between our branches of government continues.

Chris Cargill is the President of Mountain States Policy Center, an independent free market think tank based in Idaho, Montana, Wyoming and Eastern Washington. Online at mountainstatespolicy.org.

DON’T MISS OUT

Be the first to know about the latest news, giveaways, events, and updates from The Black Chronicle!

We don’t spam! Read our privacy policy for more info.

spot_img

Hot this week

African and Caribbean Nations Call for Reparations for Slave Trade, Propose Global Fund

Nations across Africa and the Caribbean, deeply impacted by...

Sports betting expert offers advice on paying taxes for gambling winnings

(The Center Square) – Tax season is underway, and...

Health care company agrees to pay $22.5 million to settle claims of over billing

A health care company agreed to pay nearly $22.5...

Entertainment district benefits don’t outweigh the cost, economists say

(The Center Square) — Weeks later, after more details...

Business association ‘disappointed’ by WA L&I’s proposed workers comp rate hike

(The Center Square) – The Association of Washington Business...

Pritzker touts rising minimum wage as Illinois’ unemployment rate has increased

(The Center Square) – Illinois employers are bracing for...

Lawsuit filed against Minnesota for barring Christian schools from using program

(The Center Square) – A religious liberty group, Christian...

Bah, humbug! Rand Paul report details ‘waste’ in federal spending

Congress and federal agencies wasted more than $1 trillion...

This Day in History: Jazz Legend Cab Calloway Born in 1907

On Dec. 25, 1907, legendary jazz musician and bandleader...

Ohio minimum wage to increase Jan. 1

(The Center Square) – Ohioans working for minimum wage...

Louisiana residents list crime as one of state’s most pressing issues

(The Center Square) — In Louisiana, violent and property...

Chinese spies arrested in California

(The Center Square) – People’s Republic of China (PRC)...

More like this
Related

Pritzker touts rising minimum wage as Illinois’ unemployment rate has increased

(The Center Square) – Illinois employers are bracing for...

Lawsuit filed against Minnesota for barring Christian schools from using program

(The Center Square) – A religious liberty group, Christian...

Bah, humbug! Rand Paul report details ‘waste’ in federal spending

Congress and federal agencies wasted more than $1 trillion...

Medical Notes: How To Starve Cancer, Hack Your Sleep, And Supercharge Your Cells

Cancer loves the sugar in our diets. A new study...