Rethinking Resistance to Corporate Rule

• Montana’s Supreme Court - in a landmark ruling on 20 October 1999 - held that the State cannot allow activities to continue that have the potential to poison the environment unless the state can show a "compelling state interest." (Montana Environmental Center vs. Dept. of Environmental Quality and Seven-Up Pete Joint Venture). The ruling came in an appeal by two environmental groups challenging an exemption allowing mining activities to degrade rivers. This was the first time that the court had tested a Montanan's constitutional "right to a clean and healthful environment" (Article II, Section 3 passed at their 1972 Constitutional Convention). The court stated, “Our constitution does not require that dead fish float on the surface of our state’s rivers and streams before its farsighted environmental protections can be invoked.” To read the ruling click here.

*For other examples of State Constitutional Amendments see the section on "Challenging Corporate Claims to Constitutional Rights."

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