On August 14, 2023, the Montana First Judicial District Court invalidated [3] a state law based on the right to a clean and healthful environment in the Montana Constitution [4]. As reported by JURIST [5], Held v. Montana addresses the Montana Environmental Policy Act (MEPA) and its prohibition on considering GHG emissions in the context of energy and mining project reviews. According to the Court, the prohibition violates the Montana Constitution because it "categorically limits" what the government can consider in order to safeguard the environment. Moreover, the state failed to produce "evidence of a compelling governmental interest" in the MEPA prohibition. The judgment will, at least temporarily, allow states to once again consider the impact of GHG emissions and climate change when reviewing energy and mining projects. However, the state of Montana has indicated [6] that it intends to appeal the judgment.