University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2018-04-02 The Role of Geography in the Genesis and Evolution of Environmental Rights in Montana Owad, Kathryn Rose Owad, K. R. (2018). The Role of Geography in the Genesis and Evolution of Environmental Rights in Montana (Unpublished master's thesis). University of Calgary, Calgary, AB. doi:10.11575/PRISM/31765 http://hdl.handle.net/1880/106474 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY The Role of Geography in the Genesis and Evolution of Environmental Rights in Montana by Kathryn Rose Owad A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS GRADUATE PROGRAM IN GEOGRAPHY CALGARY, ALBERTA APRIL, 2018 © Kathryn Rose Owad 2018 ii Abstract A constitution is the repository of a society’s most cherished values and future ambitions, and offers any right enumerated therein the highest amount of legal protection. In 1972, the citizens of the State of Montana entrenched within their State Constitution the right to a clean and healthful environment, as well as several additional environmental guarantees. This constitutionalization of environmental values signified a shift in Montana’s identity from a historic natural resources colony, to a state with environmental consciousness. This case study utilized two qualitative research approaches, narrative history and document analysis, to conclude that Montanans’ development of an environmental ethic, and the consequential enshrinement of environmental rights, resulted from a combination of distinct geographic, political, historical, and social phenomena. Although Montana courts have developed a relatively strong precedent for implementing these environmental provisions, the true strength of these rights remains tentative and depends on future judicial review and citizen involvement. iii Preface This thesis is original, unpublished, independent work by the author, Kathryn R. Owad. The interviews conducted and cited throughout this thesis were approved under Ethics Identification REB16-0081, issued by the University of Calgary Conjoint Health Ethics Board for the project “Montana and the Environment” on 2 February 2016. iv Acknowledgements I could not have completed this thesis without the relentless support and aid from the following individuals. Dr. William N. Holden, to say that a significant amount of debt and thanks are owed to you would be nothing short of an understatement. If not for your advanced promotional skills, I likely never would have pursued grad school in the first place. I seem to have won the supervisor lottery, because you not only acted as my mentor and role model, but as a trusted confidant. You sparked my enthusiasm, encouraged me in my moments of self- doubt, and jovially responded to all of my questions, concerns, and ramblings. Thank you for your unwavering support and patience, and for sharing your knowledge and constructive criticism. Working with you was the highlight of my program! I must also thank my committee members, Mr. Allan Ingelson and Dr. Dianne Draper, for acting as my project arbiters. I am very appreciative of your contributions towards the development and execution of my research, and for offering expert advice for this and other projects throughout my graduate program. Time is priceless, and you have both willingly dedicated many arduous hours towards the reading, editing, and defense of this thesis, for which I am especially grateful. I must acknowledge the talents of Robin Poitras, who acted as my personal cartographer and created the wonderful maps that add color and perspective to this thesis. To my graduate program advisor, Paulina Medori, in addition to keeping me organized, thanks for letting me creep into your office when I needed advice and motivation. Dr. Conny Davidsen, thank you for helping me to develop and streamline my research methods and proposal, the elements which became the backbone of this thesis. Many warm thanks are offered to my interviewees, who without hesitation agreed to participate in this project. I can honestly say that my time spent in Montana with you all was my favorite part of this whole experience. Thank you for graciously welcoming this random Canadian girl into your homes and places of work, for enduring hours of questioning, and for sharing your personal stories and knowledge! Special thanks to Mr. C.B. McNeil, who by acting as my first interview, enthusiastically kicked-off my journey across Montana, setting the positive tone that fueled my entire interview process. C.B. v passed away during the writing of this thesis, and I regret that I will not be able to show him the finished product. Strong morale is a powerful force, and an absolute requirement when pursuing what may sometimes feel like a never-ending task. Thank you, Anna and Christina, my childhood friends, anchors, and personal cheerleaders, for maintaining my morale, and for reminding me of my capabilities and that girl power extends into the world of academia. My research took place during a turbulent time for someone near and dear to my heart. I am forever indebted to you, Bobby, my Godfather, for inspiring me to never give up during tumultuous times. Thank you for courageously fighting (and winning!) your own battle, and for showing me that absolutely anything can be achieved with a positive attitude. Lastly, I am blessed with a daily support system at home, one which I hopefully have not taken for granted. Thank you, Mom and Dad, for everything. No two people in the universe believe in me more than you do, and your unfaltering love, support, and loyalty have equipped me with the means to chase my dreams. Although I could describe my appreciation with a hundred adjectives, I’ll leave it at this: thanks a million! vi For Mom and Dad vii Table of Contents Abstract ............................................................................................................................... ii Acknowledgements ............................................................................................................ iv Dedication .......................................................................................................................... vi Table of Contents .............................................................................................................. vii List of Tables ...................................................................................................................... x List of Figures and Illustrations ......................................................................................... xi List of Abbreviations ........................................................................................................ xii Epigraph ........................................................................................................................... xiii CHAPTER 1: INTRODUCTION ....................................................................................... 1 1.1 An Introduction to Montana...................................................................................... 2 1.2 Thesis Aim and Research Questions......................................................................... 4 1.3 Study Significance .................................................................................................... 5 1.4 Why Study Montana’s Environmental Rights? ........................................................ 7 1.5 Operational Definitions ............................................................................................. 8 1.6 Thesis Outline ........................................................................................................... 9 CHAPTER 2: ESTABLISHING THE RESEARCH FRAMEWORK ............................. 10 2.1 Theoretical Background .......................................................................................... 10 2.1.1 Introduction to the Human-Environment Subject ............................................ 10 2.1.2 Environmental/ Land Ethic .............................................................................. 11 2.1.3 What is Place? .................................................................................................. 13 2.1.4 Shifting Attitudes and Values: Perceivable through Collective Action........... 18 2.2 How Is This Geography? ........................................................................................ 22 2.2.1 Legal Geography .............................................................................................. 22 2.2.2 Constitutions as Repositories for Human- Environment Relations ................. 24 2.3 Chapter Summary ................................................................................................... 25 CHAPTER 3: RESEARCH METHODOLOGY .............................................................. 27 3.1 Research Strategy.................................................................................................... 27 3.2 Analytical Approaches for Data Analysis..............................................................