Montana
Montana failed to consider pollution from new power plant, but Supreme Court won't stop it • Daily Montanan
In a years-long fight to stop a power plant near Laurel from releasing the pollution equivalent of 167,000 cars per year, the Montana Supreme Court decided unanimously that both the state’s Department of Environmental Quality as well as NorthWestern Energy had skirted the state’s environmental law by refusing to acknowledge or take action on the greenhouse gases released by the power plant. But the decision will do little to stop the already-operational power plant.
The ruling will now force the DEQ to go back and fully analyze the pollution impacts of the 18 methane-combustion generators, and report the effects that greenhouse gases and industrial lighting will have on the environment.
However, the Montana Supreme Court orders will do nothing to stop or change the operations — at least not immediately — or halt any of the pollution the two environmental groups proved will happen.
Owing to a unique set of circumstances and unconstitutional laws passed by the Montana Legislature and struck down later, the Montana Supreme Court said that because the DEQ was following the law at the time, and because the environmental groups did not ask the district court judge to halt the operational permit for the Laurel Generation Station, it will be allowed to operate under its current permit, even though the justices acknowledged that state government, including the DEQ and the governor, have a constitutionally mandated obligation to protect the environment from harm.
The ruling was cheered by NorthWestern Energy, the state largest public utility company, as it noted the plant was running to provide energy to customers in the state’s largest county even as the forecast called for as much as 10 inches of snow during the weekend.
“Today’s Montana Supreme Court’s decision reinstating the Yellowstone County Generating Station permit will help ensure reliable energy service and keep bills as low as possible for our customers. This is good news for Montanans already relying on the critical, cost-saving capacity of the 175-megawatt Yellowstone County Generating Station, including for power during this first winter storm of 2025,” said NWE spokeswoman Jo Dee Black.
The successful environmental groups cheered the ruling as a reinforcement of the Montana Constitutional mandate that requires a “clean and healthful environment,” but noted the ruling will have little effect on the substantial air pollution that neither NorthWestern or DEQ denies the plant will produce.
“We are pleased that the Montana Supreme Court has ruled that Montanans deserve to know the full harm that the 770,000 tons of annual climate pollution NorthWestern Energy’s power plant will impose on our farmers, ranchers, economy, and health,” said Edward Barta, chair of Northern Plains Resource Council, one of the two groups that brought the lawsuit. “However, we are disappointed that NorthWestern’s dangerous plant is allowed to continue operations without any accountability for the state ignoring our constitutional right to a clean and healthful environment. It’s time for DEQ to take its job seriously so that everyday Montanans are not sacrificing their health and livelihoods for one corporation’s profits.”
The Sierra Club was the other organization that challenged the Laurel Generation Station.
The Supreme Court order, authored by Justice Beth Baker, said that despite the Legislature’s attempt to gut the Montana Environmental Policy Act, it can’t avoid the constitution’s mandate. Furthermore, it said that even though the plant is operational, the DEQ must go through and analyze, and even possibly require mitigation in the future.
What was not in dispute is the amount of greenhouse gases and other pollutants the Laurel Generation State will produce, and the court outlined those:
- 75 tons of Particulate Matter 10
- 28 tons of Particulate Matter 2.5
- 222 tons per year of nitrogen oxides
- 246 tons per year of carbon monoxide
- 215 tons per year of volatile organic compounds
- 14 tons per year of sulfur dioxide
- 93 tons of hazardous air pollutants
- The equivalent of 769,706 of carbon dioxide
The Montana Supreme Court also said that while the Montana Environmental Policy Act does not allow the DEQ to necessarily stop the construction of a power plant like the one in Laurel, it said that a thorough analysis of its effects must be studied and disclosed to the public. Moreover, depending on the results of those analyses, the DEQ could require changes to design or apply other parts of state law to stop or mitigate pollution:
“The district court observed — and DEQ does not disagree — that the agency ‘did not take any sort of look at the impacts’ of the Laurel Generation Station’s greenhouse gas emissions within Montana. A review under the Montana Environmental Policy Act must, among other things, identify ‘any adverse effects on Montana’s environment that cannot be avoided if the proposal is implemented.’ One purpose of the environmental assessment is to ‘avert potential environmental harms through informed decision making.’ As we have observed, ‘MEPA’s procedural mechanisms help bring the Montana Constitution’s lofty goals into reality by enabling fully informed and considered decision making, thereby minimizing the risk of irreversible mistakes depriving Montanans of a clean and healthful environment … The state does not have a ‘free pass to pollute the Montana environment just because the rest of the world insists on doing so.’”
The Supreme Court also said that the DEQ or other state officials cannot rely solely on federal standards for pollution because of the state’s constitutional requirement of a clean and healthful environment.
“Federal standards tell the people of Montana little or nothing about any potential impact of the greenhouse gas emissions of the Laurel Generation State specifically, and do not satisfy the Montana Environmental Policy Act’s role in fulling ‘the strongest environmental protection provision found in any state constitution,’” the ruling said.
It also said that even if the state DEQ will not stop a proposed project like the Laurel Generation Station, that it has an obligation to “identify impacts and acknowledge their significance.”
The court’s opinion also faulted the DEQ for failing to address or respond to hundreds of comments raising concerns about the environmental impact of the plant, noting that the vast majority of the public response to the project was negative, and criticized the department’s silence on the subject of air pollution.
As part of the case, the Supreme Court also found that the DEQ had properly considered the noise impacts of the plant, and reversed District Court Judge Michael Moses’ portion of the ruling, which said the agency had not properly considered it. However, the state’s highest court affirmed that the DEQ did not conduct an adequate review of the possible light pollution from the plant, and its effects on the property owners around it.
The justices ordered the DEQ to conduct an analysis, which could mean the NWE would have to change some lighting around the plant, which sits approximately 300 feet from the banks of the Yellowstone River and nearby the CHS refinery.
One dissenting opinion … sort of
Justice Laurie McKinnon along with Justice Ingrid Gustafson, agreed with the fellow justices, making it unanimous that the Supreme Court found that the state had failed to conduct a proper review under the Montana Environmental Policy Act, and acknowledged the impacts the power plant could have on the environment.
However, they dissented in part, saying that the court’s rationale and findings were undermined by its conclusion to let the plant continue ahead with operations, despite the fact that none of the parties disputed the pollution it would create.
“Alarmingly, and in contravention of clear precedent, the remedy the court chooses to do is nothing. The court allows the Laurel Generation Station to continue with its environmental harm and remands so that public may be informed of what it already knew — the consequential impact on its community from LGS’s emission of greenhouse gases,” the dissent said. “The only relief that can ensure the public is not irreparably harmed is to prevent the Laurel Generation Station from becoming operational until adequate Montana Environmental Policy Act review is completed. Our decision is empty and will be meaningless to the Montanans who want and believe the plant should be evaluated for its greenhouse gases before it becomes operational.”
LGS plant SupCo 010325
In these Montana towns a stranger rarely stays a stranger for long. Shopkeepers in Philipsburg know their regulars by name. Bigfork neighbors fill the same theater seats every summer. Livingston locals still swap trail tips with visitors over coffee. The welcome here comes from people who greet newcomers like they belong. These eight communities show what small-town Montana hospitality looks like up close.
Whitefish
Whitefish sits within an hour of Glacier National Park, and that proximity shapes everything about the town. Central Avenue runs on covered Old West walkways lined with local shops, restaurants, and galleries, and the crowd shifts with the seasons as skiers give way to summer hikers.
Glacier National Park draws visitors with hundreds of miles of hiking trails, alpine lakes, and the scenic Going-to-the-Sun Road. Closer to town, Whitefish Lake offers public beaches, boat rentals, paddleboarding, and fishing during the warmer months. When winter arrives, Whitefish Mountain Resort becomes the area’s main attraction, with ski runs, snowboarding terrain, and gondola rides overlooking the Flathead Valley. Even after a day outdoors, many visitors return to downtown Whitefish to browse local shops or settle in at the town’s restaurants and breweries.
Bigfork
Sitting on the northeastern shore of Flathead Lake, Bigfork pairs a working harbor with a downtown built around its artists. Galleries and studios cluster within a few walkable blocks, and the water is never out of sight for long.
Flathead Lake is the town’s biggest draw, with boating, kayaking, fishing, and swimming on the largest natural freshwater lake west of the Mississippi River in the lower 48 states. Just offshore, Wild Horse Island State Park lets visitors hike among native wildlife, including wild horses, bighorn sheep, bald eagles, and mule deer. Theater lovers can catch a Broadway-style production at Bigfork Summer Playhouse, which has staged live performances for decades. Before leaving town, visitors can browse the independently owned galleries and studios showcasing paintings, sculptures, ceramics, and other work by Montana artists.
Philipsburg
Philipsburg made its money in silver, and the painted storefronts along Broadway Street date to those boom years. The old buildings now hold local businesses, and the mining past is easy to trace from one block to the next.
A visit to Gem Mountain Sapphire Mine lets visitors sift through mining gravel for Montana sapphires, many of which can be cut into finished gemstones. Just outside town, Granite Ghost Town State Park preserves the remains of a silver mining community, with abandoned buildings that mark the region’s boom years. Those interested in local history can stop at the Granite County Museum, where exhibits cover the area’s mining industry and early settlement. Before leaving, many visitors make time for The Sweet Palace, a candy store that has become one of the town’s signature stops.
Livingston
Livingston sits on the Yellowstone River and serves as a northern gateway to Yellowstone National Park. Restored commercial buildings house an active arts scene, and the Absaroka Range rises just south of the rooflines.
The historic downtown works as the town’s main visitor area, with independent bookstores, outfitters, cafes, and long-standing local businesses inside restored commercial buildings. At the Yellowstone Gateway Museum, exhibits trace the region’s history through Indigenous presence, railroad expansion, and early settlement in the Yellowstone Valley. Small galleries across the downtown core show work by regional artists whose subjects often reflect the river valley and the mountains around it.
Red Lodge
Red Lodge marks the start of the Beartooth Highway, one of the highest paved roads in the country. Its compact, walkable downtown keeps locally owned shops and restaurants busy in every season.
The Beartooth Highway climbs into the Absaroka-Beartooth Wilderness and continues toward Yellowstone National Park, with steep mountain passes, alpine lakes, and long-range views. In winter, Red Lodge Mountain becomes a major recreation area for skiing and snowboarding, with terrain that draws residents and visitors alike. During the warmer months, hiking trails in the surrounding mountains open onto forests, ridgelines, and wildlife viewing areas. Downtown Red Lodge stays active year-round, with local businesses and historic buildings packed into a walkable core.
Choteau
Choteau sits where the prairie meets the Rocky Mountain Front, and dinosaurs put it on the map. Fossil beds nearby produced some of the most important dinosaur nesting discoveries in North America, and the town leans into that history.
At the Old Trail Museum, exhibits cover the region’s natural history, including fossil finds and artifacts tied to its prehistoric past. The surrounding country is known for wildlife viewing, with elk, deer, and many bird species in the foothills and open plains near town. Just outside Choteau, fossil sites linked to major dinosaur discoveries have built the area’s reputation in paleontology research. The Rocky Mountain Front opens onto hiking routes and wide viewpoints where the plains give way to the peaks.
Stevensville
Stevensville is the oldest permanent settlement in Montana, founded in 1841 as St. Mary’s Mission. It sits in the Bitterroot Valley between the Bitterroot and Sapphire mountains, and the town center still runs at a slower pace.
St. Mary’s Mission is the town’s most significant landmark, preserving the mission’s early buildings and marking the first permanent Euro-American settlement in what became Montana. The Bitterroot Valley around Stevensville is known for its orchards, farmland, and mountain views, and it serves as a corridor to nearby communities and recreation areas. Local boutiques and small shops fill a compact town center that reflects its long history. Hiking trails in the nearby foothills reach forested terrain, open meadows, and views of the Bitterroot Mountains, drawing the most traffic during the warmer months.
Virginia City
Virginia City boomed after an 1863 gold strike in Alder Gulch, and much of that town survived. Wooden boardwalks, original storefronts, and period buildings still line the Main Street, so a walk here doubles as a walk through the 1860s.
Historic structures throughout the town can be toured to see how miners, shopkeepers, and early settlers lived during the gold rush era. Several small museums and preserved buildings cover mining equipment, frontier life, and local governance during the 1800s. Costumed interpreters run seasonal reenactments as well, recreating daily routines and events from Virginia City’s early years.
Small Towns Worth the Detour
These eight towns show how much Montana packs into its smaller communities. Livingston and Whitefish put national parks within reach of a walkable downtown, while Philipsburg and Virginia City keep their mining-era streets intact and open to visitors. Choteau turns fossil country into a point of local pride, and Stevensville carries the state’s oldest roots. Anyone looking for genuine small-town hospitality will find plenty of it across these Montana communities.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 9, 2026, results for each game:
Winning Big Sky Bonus numbers from July 9 drawing
08-21-24-29, Bonus: 16
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from July 9 drawing
02-15-22-54-58, Bonus: 04
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists…
A restraining order has been issued that blocks the Montana Republican Party from enacting new bylaws intended to drive nonconformists out of the party ranks.
Lewis and Clark County District Judge Michael F. McMahon issued the restraining order Wednesday morning. The order had been requested by county precinct committees and officers suing the state party organization over the new bylaws. The plaintiffs are the Yellowstone County Republican Central Committee, the Choteau County Republican Central Committee, and individual committee members Jeff Essmann, Ted Kronebusch, James Wilson and state Rep. Brad Barker, R-Red Lodge.
At issue are bylaws passed during MTGOP’s June platform convention that the litigating party members say amount to “fraudulent and corrupt practices.” The new bylaws require members to pay $20 in annual membership dues and pledge a loyalty oath, and subject members to removal from elected party positions for nonpayment of dues or for “conduct deemed inconsistent with party purposes,” as determined by executive party party officers. The new bylaws allow charges for removal to be brought by any 20 official Republican Party members.
Montana Republican Party Chairman Art Wittich, the only official spokesperson for the state party, has not responded to voicemails and texts sent to his cell phone Wednesday. Wittich, elected party chairman in June 2025, has long been emphatic about exposing “Democrats disguised as Republicans” — for Wittich a now decade-old battle that spun into a bitter multimillion-dollar war between party hardliners and relative centrists in this spring’s Republican legislative primaries.
The centrists drew the ire of the hardliners in 2025 by collaborating with Republican Gov. Greg Gianforte and legislative Democrats to pass a balanced state budget and key pieces of legislation, including increased taxes on second homes and property tax reductions for primary residences and small businesses.
What constitutes disqualifying conduct isn’t fully spelled out in the bylaws, but they do specify that “collaborating with Democrats” in the Legislature, the governor’s office, the courts, or elections can get members disciplined or removed.
The lawsuit alleges that “The 2026 bylaws empower a small group within the party to revoke Republican affiliation from candidates or office holders, undoing primary nominations by the electorate.”
The plaintiffs argue that Montana voters, not party bylaws, should determine who represents the Republican Party in general elections and who represents voting precincts on the publicly elected county-level Republican committees that coordinate local political activity.
The Montana Legislature in 2019 passed a bill protecting publicly elected party precinct committee officers from being arbitrarily removed from office and defined attempts to do so as “fraudulent and corrupt practices.” That law, sparked by Republican Party infighting 10 years ago, is the foundation of the current lawsuit.
There has been a surge of public interest in Republican precinct-level politics following a perceived lack of support by party hardliners for Republican candidates in conservative strongholds like Flathead County, where more than 60 new precinct committeemen and committeewomen were elected in June. That wave of new officers was preceded by Flathead County Republican Central Committee members considering an endorsement of Libertarian Sid Daoud for Kalispell mayor over Republican Kisa Davison in late 2025. The Kalispell mayor’s race is nonpartisan, but Republicans have gone to court to secure the party’s right to endorse candidates in nonpartisan races.
Wittich’s own campaign for precinct committeeman representing Whitefish was a casualty of that new wave of public interest. He lost to Republican Giuseppe “G-man” Caltabiano, who serves on the Whitefish City Council.
Caltabiano’s wife, Roxanne Ross, defeated Candace Wittich, wife of the Republican chair, in the same election.
State law gives precinct officers two-year terms and specifies that they can be removed only for death, written resignation or loss of residency. The new bylaws state that participation in party governance, including service as a precinct official, “is a privilege of association, not a right conferred by public office or candidacy. Members must act in good faith to support the Party’s purpose and must not engage in conduct materially inconsistent with the Party’s interests, including conduct that undermines its platform, policy positions, election operations, or internal governance.”
The recent changes to the party bylaws allow precinct officeholders to be suspended from voting in party matters and replaced by party leadership for noncompliance. Empty precinct seats can be filled by the Republican Party chair.
“Every Republican candidate sells their version of Republicanism to the people in a primary campaign, and the voter chooses which version to buy,” the lawsuit states. “The party cannot dictate what brands of Republicanism are on the market.”
Former MTGOP chair Jeff Essmann, a plaintiff who is also a long-serving precinct officer, said in his affidavit that members of the Republican State Central Committee weren’t given a required notification about attempts to amend the bylaws. He said he would have attended the platform convention and argued against amending the bylaws if he had known.
“The 2026 Bylaws empower any twenty members of the Party to recommend any other member of the Party for expulsion from the party, to be determined by the State Central Committee, even people who do not reside in Yellowstone County and who have never met me,” Essmann said in the affidavit.
Other central committee members produced pre-convention emails about potential changes to the bylaws, but no details about the amendments.
In issuing the order, McMahon indicated that Republicans challenging the bylaws are likely to succeed. He set a July 13 hearing on whether to make the order permanent.
“Plaintiffs have shown a likelihood of success on the merits of their claims that the challenged provisions are inconsistent with Montana election law and constitutional protections governing candidacy, nomination, speech, association, due process, and elected precinct committee representatives,” McMahon ruled.
___
This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.
Copyright
© 2026 The Associated Press. All rights reserved. This material may not be published, broadcast, written or redistributed.
-
Science8 minutes ago
China Launches Reusable Rocket in Race With SpaceX
-
Lifestyle26 minutes ago
Iris van Herpen Reaches for the Stars
-
Technology38 minutes agoNo, Flock isn’t threatening people for debating surveillance
-
World41 minutes agoIsrael signals readiness for another Iran strike as Trump declares ceasefire over
-
Politics46 minutes agoKelley Paul: America’s Founders were the ‘first civil rights heroes’
-
Health53 minutes agoYour resting heart rate could reveal more about your health than you think, doctors say
-
Sports56 minutes agoShohei Ohtani ruled out of MLB All-Star Game as Dodgers plan to manage nagging injury
-
Technology1 hour agoFake VA shoe offer targets veterans
