Member Jacob Hupart spoke to Law360 about the recent challenge from Montana’s Attorney General to a state judge’s ruling that amendments to the Montana Environmental Policy Act violated youths' constitutional right to a clean and healthful environment.

 

Regarding a potential appeal, Jacob explained the decision may survive based on the high court’s rejection of multiple petitions before the trial, "Those rejections indicated the high court's deference to Judge Seeley, and showed that the justices didn't see anything so alarming in the proceedings that they felt a need to step in. He continued, "That fact alone suggests that the Montana Supreme Court may be less inclined to overrule this particular judge's opinion."