Taking Off the “Blindfold”: Exploring Montana’s Public Trust Doctrine and the Right to a Clean and Healthful Environment After Held v. Montana

Authors

• Lizzy Gazeley

Author Details

Lizzy Gazeley, J.D. Candidate, Lewis & Clark Law School.

First Page

877

Abstract

As global average temperatures continue to rise, the threat of climate change looms closer. To evade climate catastrophe, greenhouse gas emissions will need to be substantially reduced. Despite climate change’s imminent risks, in the United States, both the federal government and states remain resistant to transitioning away from fossil fuel energy sources. To combat this government inaction, some litigants have turned to an ancient doctrine. The public trust doctrine provides that sovereigns must protect natural resources from substantial impairment to ensure the public’s right to use those resources.

In Held v. Montana, youth plaintiffs alleged that the State of Montana violated the public trust doctrine and the Montana Constitution by enacting a state law that prohibited state agencies from considering greenhouse gases or climate change during environmental reviews. This Comment discusses that case and explains how the district court and Montana Supreme Court opinions interpreted the public trust doctrine and Montana Constitution. This Comment concludes that, in invalidating this state law, the Montana courts suggest that the public trust and environmental rights enshrined by constitutional provisions may impose affirmative obligations upon states to take climate action.

Recommended Citation

Lizzy Gazeley, Taking Off the “Blindfold”: Exploring Montana’s Public Trust Doctrine and the Right to a Clean and Healthful Environment After Held v. Montana, 29 Lewis & Clark L. Rev. 877 (2026).
Available at: https://lawcommons.lclark.edu/lclr/vol29/iss4/6