Experts say that the Gallatin River has seen algae blooms in recent years that have exceeded what is normal for natural conditions. Climate change has caused the river to flow lower and more frequently, as well as higher levels of nitrates from Big Sky and other human activities. Residents concerned about water quality in the state claim that recent laws passed and signed by governor by the state legislature have weakened regulations designed to reduce pollution from both human development as well as agricultural sources. Photo courtesy Gallatin River Task Force
Op-Ed from retired Montana Supreme Court Justice James C. Nelson
We are threatening the existence of future generations and the environment that supports it. Our leaders allow this degradation to occur. Worse, our leaders encourage it.
Keep in mind that every Montana legislative, executive, and ministerial official must swear to support, defend, and protect our Constitution.
Remember that our Constitution was created by the framers, and that we the people adopted it. It guarantees a number basic rights. In fact, our Constitutions Preamble begins by a prayer of thanksgiving to God for the grandeur and vastness of our mountains, and for our desire to improve quality of life and equality for future generations.
The Preamble to the Montana Constitution begins by a prayer of thanksgiving to God for the grandeur and vastness of our mountains and our desire to improve the quality and equality of life for future generations.
The environment is a fundamental right. Article II, Section 3 guarantees that every person has an inalienable rights to a healthy and clean environment. To double the impact of that mandate, Article II, Section 3, requires that both the state and each individual maintain and protect this healthy environment for future generations. The legislature must provide for the administration, enforcement, and adequate remedies to protect the environmental life support system against degradation and prevent unreasonable depletion or degradation of natural resources.
It is unmistakably obvious; there are no exceptions!
Over the 50 years of existence of our Constitutions, Democrat- and Republican politicians and administrations came and went.
However, there has been one constant throughout history: The legislature has completely failed to fulfill its Article 1 Section I duties in protecting our environment rights and guarantees. The legislators have failed to uphold their Article II Section 3 oaths, which were given by God to protect, defend and support the Constitution of Montana.
It has led to the destruction of our environment and ecosystems. Present generation have not protected and maintained the gifts for which framers gave thanks to God. Instead, the legislature is allowing us to leave to future generations polluted water, degraded ecosystems, and depleted natural resources.
Most importantly, it is not a legacy of a clean, healthy environment for future generations, as the Constitution requires. It is anything other than!
Consider this when you think about the next elections. But don’t make any mistake. This environmental travesty is being committed by us, the voters. Each of us is constitutionally tasked to maintain and protect a healthy and clean environment for the future and present generations. Every voter has a right to vote in a legislature that will uphold their oaths of office with integrity and who will then enact followlaws and remedies for protecting the environment’s life support system against degradation and preventing the unwarranted depletion and degradation natural resources.
Consider the environment in which voters and legislators have placed future generations before you go to the polls. Consider the environment that we thanked God for, but then turned around to trash it.