Environment
Beginning in the 1970s, several states added environmental rights amendments, also known as “Green Amendments,” to their constitutions. The wording of the amendments can be as broad as the right to a “clean and healthful environment,” or it can enumerate specific rights such as clean air, clean water, or aesthetic environmental values.
Some constitutions allow citizens to enforce environmental quality rights against the government and private parties. This is an active field of state constitutional litigation, especially as citizens sue state governments to force action against climate change.
Filters
No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.
What's at Stake with Congestion Pricing in the Courtroom?
As New York Gov. Kathy Hochul announces she’s reviving the program, litigation over the plan is ongoing.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
What’s at Stake in the 2024 Montana Supreme Court Elections
Races for two seats on the high court will shape the future of Montana law on criminal justice, environmental rights, and more.