This story is produced by Montana Free Press/Mountain Journal in collaboration with Grist as part of the Report for America Local News Initiative.
Montana’s Constitution establishes the right to a clean and healthful environment. Does that right extend to how the state regulates the climate impacts of monopoly utilities, like NorthWestern Energy?
A coalition of businesses, environmental groups and healthcare professionals says yes. That’s why they first petitioned the Montana Public Service Commission to include climate change in its regulatory decision-making two years ago. Last month the PSC formally rejected that petition, and this week EarthJustice and the Western Environmental Law Center filed suit in state district court on behalf of 17 groups including the Montana Chapter of the American Academy of Pediatrics, Climate Smart Missoula, Families for a Livable Climate and Helena Hunters and Anglers.
Derek Goldman with the Northwest Energy Coalition is one of the petitioners-turned-plaintiffs. In a statement about the lawsuit, he said, “With each passing year, the effects of greenhouse gas pollution on Montana and the region become more severe.”
Goldman, and his co-plaintiffs say that the PSC has violated the state Constitution by failing to consider climate change impacts. By not regulating the climate impacts of monopoly utilities that burn fossil fuels, the plaintiffs argue, the PSC allows the continued release of planet-warming emissions.
“It’s time for the Commission to honor its legal obligation and nudge Montana’s utilities towards cleaner, cheaper renewable energy resources.” Goldman said.
The groups also cite the 2024 Held v. Montana state Supreme Court decision that found the constitutional right to a clean and healthful environment to include a stable climate.
In a statement to Montana Free Press, the PSC said it does not comment on active litigation.
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