HELENA — Wednesday in Helena, advocates made their case on whether the state correctly granted NorthWestern Energy a permit for their planned power plant near Laurel.

The Montana Supreme Court met before a full audience Wednesday morning, to hear oral arguments in a case that centers on whether the Montana Department of Environmental Quality did sufficient environmental analysis when approving an air quality permit for the Yellowstone County Generation Station – a 175-megawatt natural-gas-fired plant.

Last year, a state district judge in Billings vacated the permit. It came after environmental groups challenged DEQ’s decision, saying the agency hadn’t taken the required “hard look” at issues like the plant’s greenhouse gas emissions and the impact of its lighting and noise on nearby residents.

During Wednesday’s arguments, DEQ and NorthWestern defended the permitting decision and called on the Supreme Court to reverse the district court ruling.

Shannon Heim, NorthWestern’s general counsel and vice president of federal government affairs, said greenhouse gases aren’t regulated the same way as other pollutants, so DEQ didn’t have authority to regulate them. Therefore, she argued the permit can’t be vacated simply because the department didn’t review their impacts.

“The DEQ could not, in the exercise of its lawful authority, deny the permit based on greenhouse gas emissions, because there are no legal standards for greenhouse gas emissions,” she said.

Jonathon Ambarian

Jenny Harbine, an attorney for Earthjustice, represented the plaintiffs – Montana Environmental Information Center and the Sierra Club. She argued DEQ is required to look more broadly at the possible impacts of a project, and that the emissions from the Laurel plant had to be considered in the context of the potential effects of climate change in Montana.

“Plaintiffs here are not criticizing the analysis that DEQ did do,” she said. “Our point is that there’s analysis that DEQ omitted.”

Harbine said plaintiffs are also concerned that, because the district court put a stay on its decision and NorthWestern was able to resume construction, they could begin operations without having had the full review plaintiffs believe is necessary.

Both sides in this case noted that the issues raised here overlap with those in Held v. Montana, the prominent climate change lawsuit that is also now before the Montana Supreme Court. In Held, a state district judge ruled that a law preventing regulators from considering greenhouse gas emissions in environmental reviews was unconstitutional. The 2023 Montana Legislature passed that law in response to the judge’s decision that vacated the permit for the Laurel plant.

Jonathon Ambarian

Jeremiah Langston, an attorney for DEQ, said the department had been planning to update its review in light of that law when it was blocked. He encouraged the Supreme Court to make its decision in Held and this case at the same time or somehow tie them together.

“It would be immensely helpful to DEQ to know what laws apply to its MEPA analysis for a project,” he said.

Harbine said Held gave an example of the broad impacts of the state’s policies on climate reviews, and this case provided a specific example.

“I would just urge that whether the issue is resolved in this case or in Held – or in both, which we think is most appropriate – that it be done in a manner that prevents the constitutional infringement that would be caused when that plant begins operating and emitting greenhouse gas emissions before those emissions have been studied by DEQ,” she said.

The Supreme Court generally takes no immediate action after an oral argument, and that was again the case Wednesday.

Jonathon Ambarian

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After the hearing, the conservation group Northern Plains Resource Council held a rally at the State Capitol, saying the possible impacts of the Laurel plant’s emissions need to be taken into account.

Those in attendance chanted “Clean and healthful; it’s our right!” – referring to the Montana Constitution’s guarantee of a “clean and healthful environment.”

Mary Fitzpatrick, a Northern Plains member, said people in Laurel and downwind of the plant in Billings have concerns about the potential health effects. MTN asked her what she thought would have changed if DEQ had taken a closer look at the plant’s greenhouse gas emissions.

“It’s hard to say – you know, just listening to the arguments, I got the impression that, possibly, nothing – except that we would know,” she said. “You can’t manage or change what you don’t measure.”

John Hines, NorthWestern’s vice president of supply and Montana government affairs, said the company sees the capacity of the Yellowstone County Generating Station as critical to make sure they can keep serving customers when other resources aren’t available. He said solar and wind production tends to be more unreliable during extreme weather, and that the company will be forced to pay more to purchase power on the open market if it doesn’t have a on-demand generation facility like this.

“The bottom line is we have to have enough electrons and enough gas on our system to meet our customers’ needs when it’s critical weather – and, you know, we saw that in January when it was -45,” he said. “That’s our first obligation. And none of the groups who are throwing out alternative proposals have that responsibility.”

Hines said, if YCGS had been in operation during the January cold snap, it could have saved customers about $12 million over six days. He said renewables are a significant part of NorthWestern’s portfolio, and that it’s unfair for opponents to accuse the company of building the plant for profit because they could make more profit by building the same capacity in renewable projects.

Hines said YCGS could be fully operational within the next month and a half. He said NorthWestern has taken steps to address some of the concerns neighbors have raised about lighting and noise.

“We’ve been operating Yellowstone now in a test mode for quite some time, and local people have been asking us when are we going to start the engines,” he said. “So obviously the noise issue has been abated.”

U.S. Senator John Barrasso (R-WY) spoke on the Senate floor Wednesday during National Police Week to honor the legacy of Sergeant Nevada Krinkee of the Sheridan Police Department. Sergeant Krinkee tragically died in the line of duty on February 13, 2024.

Barrasso closed his remarks on the Senate floor by saying “law enforcement officers wear the badge and protect our communities despite all the risks, it is the definition of selflessness. To the men and women of law enforcement – you are everyday heroes, and you are among us every day.”

ALBUQUERQUE, N.M. – Gov. Michelle Lujan Grisham is bringing state lawmakers back to the Roundhouse this July to hammer out some new public safety legislation. But it does not appear addressing teen violence is on the agenda.

It seems she is focused on some other public safety issues, specifically in the courts. She has acknowledged teen violence is a serious issue, but we’ve yet to see any serious solutions on the table.

When KOB 4 sat down with her earlier this year, she suggested a pilot program requiring teens to participate in some type of meaningful activity outside of schools. But it doesn’t appear that idea has gone anywhere.

Some law enforcement leaders — including the Bernalillo County district attorney — believe it’s time to rework the state’s juvenile justice laws, and demand more accountability from these teen suspects.

But one attorney with the New Mexico Public Defender’s Office suggests that solution is looking in the wrong direction, and believes more punishment only brings more crime.

“Increasing penalties for kids is going to do nothing except for create a career criminal,” said Dennica Torres with the New Mexico Public Defender’s Office.  

Torres says it’s important to remember teenage suspects are not adults.

“They don’t have the adult brain, and we really have to treat them like children. They’re very impulsive, they’re very immature, they’re very reactive,” said Torres. 

A potentially lethal combination when guns are involved. Torres admits more teens are getting their hands on guns.

“It’s no longer just words or fists, it’s guns,” Torres said. “Unless we get rid of the internet and social media, we’re never gonna get rid of their access to almost anything they could ever want.” 

However, she says increasing punishments for teen gun crimes ignores the reason why many teens have guns in the first place.

“A lot of kids are carrying guns because they think other kids are carrying guns. So they carry guns, because they’re afraid. They’re afraid they’re going to encounter somebody that, you know, doesn’t like them, or a bully at school,” said Torres.  

It’s a vicious cycle, and Torres says locking those teens up doesn’t solve much.

“The maximum usually is about 30 years. So you incarcerate a child who’s 16, at 46, they’re going to come out, and they’re not going to have any idea how to function in society. They’re just going to turn right back to crime,” Torres said. 

Torres believes educational programs – like the violence intervention program — are the best way to tackle teen violence. She says they have to be crafted for the teenage brain.

“It really needs to come from the view of ‘This is what could happen to you, if you decide to carry a gun and use it,’” said Torres. “Because a lot of times they’re going to not necessarily resonate with the victim, but they’re going to resonate with the fact that you’re talking to them about how it can affect their future and their family.” 

Torres noted Bernalillo County’s Juvenile Detention Center is full and understaffed. She believes increasing punishments for teen criminals is just throwing gasoline on that fire.

Torres suggests state lawmakers should commit the money and resources to develop a statewide violence education program, and bring it to high schools and middle schools.