Thirteen young Montanans, who previously triumphed in challenging Montana’s climate policy, have now appealed to the Montana Supreme Court. They seek intervention on several bills passed by the state legislature following their earlier victory, which blocked laws that prohibited the state from considering climate impacts in permitting. The plaintiffs assert that these bills conflict with a previous state Supreme Court order dated December 2024.
The lawsuit was filed by Rikki Held and co-plaintiffs, supported by Our Children’s Trust, an Oregon nonprofit. They argue that the legislation undermines the Montana Environmental Policy Act and the Montana Clean Air Act related to greenhouse gas regulation. Our Children’s Trust stated that the bills “put blinders back on state agencies” to continue approving fossil fuel permits.
Held emphasized, “The Montana Supreme Court has already affirmed our right to a clean and healthful environment… yet the state just passed new laws that make these harms worse.” Neither Attorney General Austin Knudsen nor Gov. Greg Gianforte commented on the litigation, and the Department of Environmental Quality declined to discuss its permitting policy.
House Speaker Brandon Ler, who sponsored one of the bills, criticized the judicial approach to environmental policymaking, stating it undermines representative government. Meanwhile, supporters of the three bills argue they ensure balanced environmental regulation without stifling industry, while opponents see them as concessions to the fossil fuel industry, weakening environmental protections.
Senate Bill 221 mandates state agencies inventory emissions from large projects but prohibits regulatory action on them, excluding “upstream” or “downstream” emissions analysis. House Bill 285 repeals parts of the Montana Environmental Policy Act, and House Bill 291 limits state air quality standards to federal levels. Critics argue these laws exacerbate Montana’s climate crisis.
The legal team hopes for swift Supreme Court action to address the climate urgency. A petition acceptance could lead to court briefings; a denial would send the case to a lower court. Roger Sullivan, representing the plaintiffs, stressed the immediacy, citing the worsening climate crisis in Montana as a pressing concern for the youth involved.
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