10/18/2024
In the interests of decorum—not to mention sanity—we limit our politics to that which concerns outdoor recreation, fish & wildlife, and public access. Well, here are two former Montana governors—one Republican, one Democrat—who have something to say about those very things, particularly stream access. Keep it in mind as you fill out your ballot this fall.
A Special Message to Our Fellow Citizens,
Like you, we’re Montanans through and through. We’ve been privileged, for a combined quarter of a century, to spend a long time in public service. Throughout our careers, we’ve been intensely involved in the legal and constitutional affairs of Montana and the nation. Based upon those experiences, we’re convinced that two other public servants, namely Judge Jeremiah Lynch and Judge Katherine Bidegaray, are uniquely qualified for election to the Montana Supreme Court.
We’ve both spent our careers advocating for the people of Montana and protecting our Constitution. Marc started his career in the U.S. Army JAG Corps before becoming a prosecutor in Montana. He was elected to serve our state as a Republican Attorney General and Governor of Montana from 1993 to 2001. Since leaving office, he has been a tireless advocate for democracy and has spoken out against efforts to endanger or remove the Montana Constitution’s protections for our clean air, clean water, and public lands.
During his time as a Democratic Attorney General for Montana, Steve argued in front of the Montana Supreme Court to defend Montana’s campaign finance laws and fought outside special interests when they tried to overturn Montana’s stream access laws. As Governor, Steve restored public lands funding and vetoed bills that threatened our access to public lands.
That’s just part of our stories, but our lives as Montanans and our service in government have provided both of us the opportunity to witness firsthand the operation and importance of the Montana Supreme Court. We’ve also learned how critical it is, for all of us, to vigilantly and unceasingly protect and preserve the Montana Constitution. We may be identified as members of different political parties, but our commitment to the Constitution and to a fair and independent Supreme Court transcends politics.
Montana’s Constitution is unique. It specifically provides us the right to clean air, clean water, and healthy public lands, all of which protect our heritage and the blessings of the land we share. Equally important, the Montana Constitution and the Supreme Court safeguard our liberty, our independence, and our way of life.
By way of example, we note that the framers of the Montana Constitution explicitly provided that the “waters within the boundaries of the state are the property of the state for use of its people.” In 1984, recreationists filed a lawsuit alleging a ranch owner was blocking public access to the Dearborn River. The Court ruled in this landmark case that the Constitution and public trust doctrine don’t permit a “private party to interfere with the public’s right to recreational use of the surface of the State’s water.” The court also reaffirmed Montanans’ right to stream and river access in the subsequent cases of Montana Coalition for Stream Access v Hildreth (1985) and PLWA v. Madison County (2014).
In a 2020 case, Park County Environmental Council and Greater Yellowstone Coalition v. Lucky Minerals, the Court ruled, in reviewing the legal requirements for a proposed gold mine near Yellowstone National Park, that the Montana Department of Environmental Quality overlooked potential harm to wildlife as well as the prevention of stream and groundwater pollution.
We’re joining together to support the aforementioned Supreme Court candidates because their records reveal an abiding and unconditional commitment to upholding and preserving the law, our Constitution, our democracy and our way of life. We urge all of our fellow citizens to do the same.
With respect,
Steve Bullock & Marc Racicot
