Dem
47
GOP
53
The quote in the headline is supposedly from Mahatma Gandhi, though it doesn't appear in any of his published writings. We're actually pretty sure he borrowed it from Winston Churchill, who got it from Mark Twain, who stole it from Abraham Lincoln, who heard it from George Carlin. That said, our research into the matter is still ongoing, and it's possible there are one or two holes in our hypothesis.
In any event, it's a nice sentiment, regardless of who came up with it. And yesterday, there was a very good illustration of the general concept. We've written a little bit about this before, but in 1972, language was added to the Montana Constitution that says this: "The state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations..." If you'd like to read the actual verbiage, along with a lot of information about how this came about, then this is the webpage for you.
In any case, a group of Montanans between the ages of 12 and 21, backed by an environmental activist group, decided that global warming is not consistent with "a clean and healthful environment in Montana," and so they filed suit, insisting that the state legislature do its constitutionally mandated duty to try to combat climate change. Among the 50 states, Montana is one of the most egregious producers of greenhouse gases on a per capita basis, so there's certainly room for improvement.
The suit was successful at the lower levels of the Montana court system and, yesterday, it prevailed at the state Supreme Court. In a 6-1 ruling, the all-Republican court decreed:
The District Court's conclusion of law is affirmed: Montana's right to a clean and healthful environment and environmental life support system includes a stable climate system, which is clearly within the object and true principles of the Framers inclusion of the right to a clean and healthful environment.
Actually, this doesn't quite do it justice; the six justices absolutely eviscerated every argument made by the state, and by "interested parties" who filed amicus briefs.
Gov. Greg Gianforte (R-MT), whose top five campaign donors just so happen to include four companies with significant interests in petroleum (Bolch companies, Koch Enterprises, BK2 Holdings and the National Rural Electric Cooperative Association), pitched a fit when he learned of the Court's decision, and complained that it would just increase regulations and energy costs. So, don't expect vigorous compliance from him or anyone who works for him. That said, even if the state's leadership digs its heels in, the plaintiffs still came out ahead here, as the Court struck down several recent laws, most obviously one that pretty strongly limited the circumstances under which a new energy project was required to undergo an environmental review. So, the ruling isn't just a moral victory—though it's certainly that, as well.
Have a good weekend, all! (Z)