Montana
Montana Supreme Court affirms decision in landmark youth climate case
What’s New
The Montana Supreme Court on Wednesday affirmed a landmark climate decision that declared the state was violating residents’ constitutional right to a clean environment by allowing oil, gas and coal projects without regard for global warming.
Why It Matters
The decision reinforces an August 2023 ruling by District Court Judge Kathy Seeley, who found that Montana’s practices violated its residents’ constitutional right to a “clean and healthful environment.”
This pivotal case, spearheaded by a group of young plaintiffs aged 6 to 23, represented a milestone for climate advocates seeking judicial intervention to compel governmental action on climate change.
What To Know
On Wednesday in a 6-1 ruling, the Montana Supreme Court upheld the August 2023 decision.
The court’s decision strikes down a state policy that prohibited the consideration of greenhouse gas emissions in granting permits for fossil fuel development.
The state had previously appealed the ruling by Seeley, and arguments were heard in July, in which the state argued that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change.
Thom Bridge/Independent Record/ AP
Chief Justice Mike McGrath dismissed the state’s argument that Montana’s emissions are insignificant on a global scale, likening the defense to an “everyone else is doing it” excuse.
McGrath wrote, “The right to a clean and healthful environment is meaningless if the State abdicates its responsibility to protect it.”
What Are People Saying
Melissa Hornbein, an attorney with the Western Environmental Law Center and attorney for the plaintiffs said, “With the ruling now in place, the Montana Supreme Court’s decision compels the state to carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits.”
Chief Justice Mike McGrath wrote for the majority: “Plaintiffs may enforce their constitutional right to a clean and healthful environment against the State, which owes them that affirmative duty, without requiring everyone else to stop jumping off bridges or adding fuel to the fire. Otherwise the right to a clean and healthful environment is meaningless.”
Republican Governor Greg Gianforte said in a statement that the state was still reviewing the decision, but said it will lead to “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans.
Pushback From State Leadership
The ruling has sparked a backlash from Gianforte, who criticized the court for what he described as judicial overreach. He warned the decision could invite an onslaught of lawsuits, increase energy costs for Montanans and hinder the state’s “all-of-the-above” energy strategy.
“This Court continues to step outside of its lane to tread on the right of the Legislature, the elected representatives of the people, to make policy,” he said in a statement. “This decision does nothing more than declare open season on Montana’s all-of-the-above approach to energy, which is key to providing affordable and reliable energy to homes, schools, and businesses across our state.”
Gianforte also convened energy stakeholders earlier this week to discuss boosting production to meet rising demand, emphasizing the need for “unleashing American energy” to maintain grid stability.
The Plaintiffs’ Perspective
For the 16 young plaintiffs, the court’s decision validates their personal struggles with the tangible effects of climate change. In a Wednesday statement, lead plaintiff Rikki Held called the ruling “a victory not just for us, but for every young person whose future is threatened by climate change.”
During the trial, the plaintiffs described how worsening wildfires, droughts and diminishing snowpack have disrupted their lives, polluted the air and depleted vital natural resources. They argued that the state’s failure to address these challenges imperils their future and violates their constitutional rights.
What Happens Next
The ruling has positioned Montana as a flashpoint in the national debate over climate accountability, potentially inspiring similar legal challenges across the United States.
This article includes reporting from The Associated Press.
Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
- Community member and former Regent Joyce Dombrouski
- Faculty Senate Chairperson Valerie Moody
- Staff Senate President Dominic Beccari
- Administration Representative John DeBoer (Vice President of Academic Affairs)
- ASUM (Associated Students of the University of Montana) President Buddy Wilson
Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.
Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.
Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
Montana
Christi Jacobsen enters race for Western House seat
HELENA, Mont. — Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.
Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
BE THE FIRST TO COMMENT
“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”
-
World7 days agoExclusive: DeepSeek withholds latest AI model from US chipmakers including Nvidia, sources say
-
Massachusetts1 week agoMother and daughter injured in Taunton house explosion
-
Denver, CO7 days ago10 acres charred, 5 injured in Thornton grass fire, evacuation orders lifted
-
Louisiana1 week agoWildfire near Gum Swamp Road in Livingston Parish now under control; more than 200 acres burned
-
Florida3 days agoFlorida man rescued after being stuck in shoulder-deep mud for days
-
Wisconsin3 days agoSetting sail on iceboats across a frozen lake in Wisconsin
-
Maryland4 days agoAM showers Sunday in Maryland
-
Oregon5 days ago2026 OSAA Oregon Wrestling State Championship Results And Brackets – FloWrestling