On December 23, 2025, the Montana Supreme Court declined to exercise original jurisdiction to consider the merits of a petition filed 13 days earlier by 13 Montana youth who alleged that 2025 amendments to the Montana Environmental Policy Act (MEPA) and the Montana Clean Air Act were unconstitutional under the court’s December 2024 ruling in Held v. State. The court concluded that the petitioners did not demonstrate why urgency or emergency factors made the normal trial court litigation and appeals process inadequate. The court noted that the petitioners had filed the petition seven months after the amendments took effect. The court acknowledged the petitioners’ argument that development of a factual record was unnecessary due to the factual record already created in Held, but the court found that the petitioners had not addressed why a district court could not address the legal issues “in a timely fashion and permit them to present an appeal in the ordinary course.”

Youth plaintiffs' constitutional challenge to 2025 amendments to the Montana Environmental Policy Act and Montana Clean Air Act.

Held v. State

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Montana Supreme Court Declined to Exercise Original Jurisdiction to Consider Claims that Post-Held v. State Amendments to Environmental Laws Were Unconstitutional

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Montana Supreme Court Declined to Exercise Original Jurisdiction to Consider Claims that Post-Held v. State Amendments to Environmental Laws Were Unconstitutional

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