Montana Law "ARTICLE IX ENVIRONMENT AND NATURAL RESOURCES"
Montana Constitution – Article IX: Environment and Natural Resources
This article of the Montana Constitution reflects the state's strong commitment to environmental protection and sustainable management of natural resources. It is widely recognized for establishing a constitutional right to a clean and healthful environment, one of the most progressive environmental mandates among U.S. states.
🔍 Section-by-Section Summary:
Section 1: Protection and Improvement
Right Declared: All persons have the right to a clean and healthful environment.
The state and each person must maintain and improve the environment for present and future generations.
The legislature shall provide for the administration and enforcement of this duty.
✅ This is a self-executing constitutional right, meaning individuals can sue to enforce it even without further legislation.
Section 2: Reclamation
All lands disturbed by the taking of natural resources must be reclaimed.
Responsibility lies with the person or entity disturbing the land, under state-prescribed regulations.
Section 3: Water Rights
All existing rights to the use of water are recognized and preserved.
Water use is subject to regulation to ensure it is put to beneficial use.
Section 4: Cultural Resources
The legislature is required to preserve the cultural integrity of Montana’s American Indian peoples and protect cultural resources, including traditional religious sites and heritage.
Section 5: Severance Tax Trust Fund
A permanent fund is created from severance taxes on non-renewable resources (e.g., coal, oil).
Interest from this fund may be used as determined by law, but the principal remains inviolate unless changed by voter approval.
Section 6: Renewable Resource Development
The state is encouraged to promote development and utilization of renewable energy resources.
Section 7: Local Control of Water
Local governments may regulate water use within their jurisdiction, provided it doesn't conflict with state law.
🌍 Key Features:
One of the strongest environmental protection mandates in any U.S. state constitution.
Makes environmental quality a constitutional right.
Integrates individual, state, and legislative responsibilities for environmental stewardship.
Acknowledges cultural and indigenous rights alongside natural resource management.
RELATED Blog
0 comments