Montana
A Landmark Victory in the Legal Fight Against Climate Change
Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily.
With the federal judiciary increasingly hostile toward the battle against climate change, environmental litigators have turned to state courts for progress. They scored a major victory on Wednesday when the Montana Supreme Court issued a landmark decision holding that the state constitution protects residents against climate change. On this week’s Slate Plus bonus episode of Amicus, Dahlia Lithwick and Mark Joseph Stern discuss the case and its consequences for other climate-curious state supreme courts. A preview of their conversation, below, has been edited and condensed for clarity.
Dahlia Lithwick: This week, the Montana Supreme Court boldly went where we keep hoping state supreme courts will go.
Mark Joseph Stern: It all started with a provision of the state constitution that guarantees the right “to a clean and healthful environment” and requires the state “to maintain and improve” that environment “for present and future generations.” Citing this language, the Montana Supreme Court, by a 6–1 vote, held that the state constitution limits the government’s ability to exacerbate climate change. The court discussed the obvious and undeniable reality of climate change, not just globally but in Montana. Refreshingly, it began the opinion with facts about how climate change is ravaging Montana and threatens everybody’s way of life.
Then the court declared that the plaintiffs in this case, a group of young people, could bring this suit and hold the government to its constitutional obligation to protect the environment for future generations. It explained that this obligation is about not just preventing oil spills and other disasters but also limiting carbon emissions so that everyone can enjoy a clean Montana for hundreds of years to come.
If we’ve learned anything about environmental law, it’s that nothing stops or starts within the confines of a state. So while this sounds like an incredibly cool and lofty win, it also sounds like an abstraction, right? Does this actually change anything on the ground in Montana?
It does, and that’s what’s so extraordinary about the opinion to me. Montana Republicans enacted a statute that prohibited the state from considering greenhouse gas emissions when permitting energy projects. The state government essentially said that agencies could not consider the effect of fossil fuels when allowing fossil-fuel projects to move forward. And the court actually struck down that statute, requiring the government to once again consider greenhouse gas emissions when permitting projects. It’s laying the groundwork to limit permits in the future that exacerbate climate change.
That takes this case outside the realm of abstraction and moves it into a much more concrete area. The courts really do have the power to examine a statute or a permit and say, No, this is repugnant to the constitution and must be set aside. They can do the direct work of limiting the devastating impact of fossil-fuel projects today and in the future.
I want to talk for a minute about the question of standing, which is a persistent problem in climate litigation. Lawsuits fall apart on standing because the courts seem to believe that nobody is personally injured by environmental catastrophes that harm absolutely everybody. How did the Montana Supreme Court get around that problem?
The state, in fighting this lawsuit, did argue that climate change affects everyone, so the plaintiffs here did not have a “particularized” injury that gave them the right to sue. The Montana Supreme Court shut that down. It held that because climate change affects everyone in some way, these individual plaintiffs aren’t unharmed. Quite the opposite: It illustrates that these plaintiffs clearly do have real grievances, that their future in Montana is jeopardized, and they should be able to vindicate a constitutional guarantee that applies to each and every person under the state’s foundational law.
Here, the state Supreme Court departed a bit from the U.S. Supreme Court’s standing doctrine—and properly so, because the Montana Constitution provides broader access to the state’s courts than the U.S. Constitution provides to federal courts. Here, the majority refused to turn a provision so central to the Montana Constitution into a nullity just because climate change happens to affect the whole world. We know that it’s affecting Montana in a heightened way. We know that the plaintiffs’ future is imperiled by the acceleration of climate change. And the court said that’s enough for them to come into state court and challenge a law that will exacerbate Montana’s greenhouse gas emissions.
Some of the actual drafters of the Montana Constitution are still alive, right? And they were able to say that this was indeed the intent of their work?
Yes, that’s absolutely right. The current Montana Constitution was enacted in 1972, so there’s a very clear record of what the delegates wanted. And some of those delegates are still alive and have made it abundantly clear that at the time they wanted the strongest, most all-encompassing environmental protections in the nation. The delegates labored over this language to ensure that it would be the strongest found in any state constitution and rejected language that might limit it. Their protections were designed to be, as the court put it, “anticipatory and preventative” for both “present and future generations.”
Why? Because for decades, big corporations had destroyed Montana’s environment. They had harvested all these resources from the state without concern for the lives of residents. And in 1972, the delegates said: enough. They saw that their state was being ravaged by corporations, and they decided to make it a fundamental guarantee that any Montanan could walk into court and vindicate their right to a clean environment. And that is what happened in this decision.
One last thought: Is this utterly Montana-specific, to this one Supreme Court, or is this scalable and replicable across the country?
It is scalable. Montana isn’t alone here: Hawaii also has a state constitutional provision that guarantees the right to a “clean and healthful environment,” and its Supreme Court has vindicated that guarantee, holding that it includes the right to a stable climate system. It will continue to be a watchdog on this. Of course, the Hawaii Supreme Court is one of the most progressive in the country, but these provisions exist in the constitutions of five other states: Illinois, Massachusetts, New York, Pennsylvania, and Rhode Island.
I think there is so much potential—especially in a state like Pennsylvania, which has a lot of dirty-energy projects going on—for the state judiciary to impose some limits on a corporation’s ability to destroy the environment. All these states have left-leaning supreme courts. And I hope they will be emboldened and inspired by what happened in Montana to take action here and vindicate residents’ right to an environment that not just is free of litter and toxic materials but can endure for centuries into the future. That means taking climate change into account and imposing limitations on a state’s ability to exacerbate it.
Montana
Real-Time Updates: Severe weather slams Western Montana Wednesday, Dec. 17
(Update 11:00 a.m.)
- All lanes closed on US-93 near Evaro due to fallen trees.
- All lanes closed on MT-200 east of Bonner due to fallen trees.
(Update 10:40 a.m.) The Ravalli County Sheriff’s Office has issued an emergency wind and travel warning for the Bitterroot.
The warning states that “due to extreme winds, which are causing trees to fall into roadways and taking down power lines, as well as creating very dangerous driving conditions, the RCSO is advising that people not travel until the wind event decreases.”
High-profile vehicles should not travel in Ravalli County at this time.
Ravalli County 911 is also currently being overwhelmed with calls. Residents are asked to only report immediate emergencies to 911.
The Ravalli County Emergency Operations Center is open. To report non-emergent storm-related events in the Bitterroot, you’re asked to call the EOC at 406-375-6650.
(Update 10:15 a.m.) The reports of damage around Western Montana are rolling in Wednesday morning as thousands remain without power, especially in the northwestern corner.
As trees topple across the area, officials are urging travelers to use caution.
Trees have blocked access to several roads in the region. Here’s the road report as of 10 a.m.:
- MT-35 is CLOSED from milepost 2.8 to 6
- Southbound lanes are blocked on US-93 north of Somers due to a semi blow over
- Tree down and blocking southbound lanes on US-93 near Ronan
- Tree blocking all lanes on MT-35 east of Polson.
- Power lines down blocking on lanes on US-2 west of Marion.
- Severe driving conditions on US-12 from Lolo to Lolo Pass due to downed trees
The Lincoln County Sheriff’s Office issued a notice at 9:40 a.m. that the county is under emergency travel only.
To the south, the Missoula Police Department requested necessary travel only in the city.
The Frenchtown Rural Fire District put out a public service announcement asking people to stay home and off the roads.
Power outages are still impacting several areas of Western Montana too.
NorthWestern Energy’s outage map at 10:10 a.m. showed hundreds of customers were in the dark in Missoula, Mineral, and Sanders counties. Flathead Electric shows thousands of people without power in Flathead and Lincoln counties.
Traffic signals are out in the City of Kalispell. All intersections with dark stoplights must be treated as a 4-way stop.
- Come to a complete stop
- Take turns — first to stop goes first
- Yield to pedestrians
- Proceed slowly and cautiously
Kalispell’s popular Woodland Park is closed due to heavy winds and hazardous conditions.
The weather has closed the following schools for Wednesday (this list will be updated):
- Clinton
- Frenchtown
- Libby
- Marion
- Noxon
- Pleasant Valley
- St. Regis
- Superior
- Troy
- West Glacier
High winds tore off the roof of Jefferson School in Missoula. The school is not currently serving students.
Micah Hill / MCPS Superintendent
This article will be updated throughout the day. Please follow KPAX’s Facebook page for the latest information too.
(Update 9:45 a.m.)
- MT-35 is CLOSED from milepost 2.8 to 6.
- Southbound lanes are blocked on US-93 north of Somers due to a semi blow over.
(Update 9:15 a.m.) Montana Department of Transportation reporting several new incidents.
- Tree down and blocking southbound lanes on US-93 near Ronan
- Tree blocking all lanes on MT-35 east of Polson.
- Power lines down blocking on lanes on US-2 west of Marion.
- Severe driving conditions on US-12 from Lolo to Lolo Pass due to downed trees.
(Update 9:08 a.m.) Hazardous conditions are wreaking havoc across the City of Missoula causing the Missoula Police Department to ask the community to only travel if absolutely necessary.
In a press release at 9:10 a.m., MPD stated that high winds have created dangerous conditions, including reduced vehicle control, blowing debris, and the potential for downed trees and power lines.
If you cannot avoid traveling right now, you’re asked to:
- Reduce speed
- Be alert for debris in roadways
- Watch for downed trees, power lines, and damaged traffic signals
- Avoid parking near trees or unstable structures
Do not touch anything, including a tree, that may be in contact with power lines. If you see a downed power line, you’re asked to call NorthWestern Energy at 888-467-2669.
For emergencies, call 911. For non-emergency assistance, contact the Missoula Police Department at 406-552-6300.
(Update 9:03 a.m.) A MEANS alert for Missoula County for drivers to be cautious driving due to high winds, several hazards and extreme conditions.
(UPDATE 8:55 a.m.)
Frenchtown School District has cancelled school. Parents should pick up their student from the school to ensure they are supervised and safe as they transition back home. If parents are unable to pick students up, buses will run at 10:00 to return students home. Phones are also out at the South Campus.
(UPDATE: 8:28 a.m.) The storm is hitting Sanders County hard.
Just after 8 a.m., the Community Ambulance Service of W. Sanders Co. posted that power is out in parts of the area and that strong winds are creating extremely dangerous conditions.
Live power lines are across roads, there are reports of falling trees and debris, and some travel routes have become impassable.
Officials are telling people to not travel unless it’s absolutely necessary. School in Noxon has been canceled.
Meanwhile in Mineral County, St. Regis Schools and the Superior School District have also canceled classes.
Due to fallen power lines, Superior Schools will not send the buses back out.
School officials are asking families to pick up their students Wednesday morning. If you’re unable to do so, you’re asked to call Logan Labbe 406-822-2285 to make accommodations.
(1st Report – 8:20 a.m.) The strong Pacific cold front that is moving through Washington has now arrived in Western Montana Wednesday morning.
Power outages have already been reported all across Western Montana including the Interstate 90 corridor from Lookout Pass to Alberton and in Northwest Montana, thousands of residents are without power in the Libby and surrounding areas. For updates on outages check Northwestern Energy Outage map and Flathead Electric Co-Op outage viewers.
Northwestern Energy
There is also reports of road hazards. According to the Montana Department of Transportation a powerline is down on Highway 56 near Noxon. Several trees are also down across Highway 56 between Troy and Noxon.
Interstate 90 westbound lanes at mm 15, west of Superior, are blocked due to downed trees.
MDT
Click here for live map of road closures.
Stay with KPAX for updates on this storm throughout the day.
Montana
Strong wind in the forecast statewide
Nick Vertz suspected calm weather wouldn’t soon return after last week’s high-speed wind event that recorded 101-mph winds in Glacier County. The Billings-based National Weather Service forecaster said Montanans should expect exceptionally strong gusts Tuesday night and Wednesday.
“I joke that the weather’s just playing catch up with how mild of a fall and start to the winter we had,” Vertz told Montana Free Press on Tuesday.
Nearly the entire state is under an official high-wind warning, meaning the weather service expects wind speeds of 58 mph or greater. While the official warning status may vary by region, the weather service anticipates the strong winds will move west to east through late Wednesday evening.
Winds aloft, higher altitude gusts that generally exceed wind speeds on the surface, are both unusually powerful and relatively low in altitude. Vertz says high-speed winds aloft blowing downward is the result of warm weather.
“You can think of it as pushing those strong winds aloft down to reach the surface,” Vertz said.
Though much of Montana experienced a similar strong-wind pattern last week, Vertz said this system is a statewide event and that the weather service has “more confidence in those stronger winds to occur just all across the board.”
With gusts coming out of the northwest, Vertz advised caution for drivers headed north or south, who would likely experience the “full brunt of those crosswinds.”
Montana’s most recent experience with a major wind event on a similar scale occurred in January 2021, according to Vertz.
Ongoing flooding in northwest Montana makes the area particularly vulnerable to high-wind hazards, like saturated soil around tree roots, according to Bryan Conlan, a weather service meteorologist based out of Missoula.
“Anywhere within western Montana at this point, with these strong to damaging winds, trees could blow over,” Conlan said.
Gov. Greg Gianforte on Wednesday requested President Donald Trump issue a presidential disaster declaration in response to the flooding in the northwest part of the state.
As even more ocean moisture makes its way from the Pacific Northwest into Montana via “atmospheric rivers,” precipitation is likely to continue in western Montana.
“One of the differences between this and the prior system is there will be a very strong cold front that’ll be coming along,” Conlan said.
A cold front on Wednesday will mix with moisture from the atmospheric river, producing a combination of rain and snow. Cold air also leads to winds aloft descending, resulting in strong wind across high elevations in western Montana. On Monday night, winds in Glacier National Park reached almost 100 mph.
“This is going to be a fairly strong event,” Conlan said.
Nora Mabie contributed to this reporting.
LATEST STORIES
Missoula’s domestic violence shelter strapped for space as housing crunch persists
The domestic violence shelter in Missoula is one of many statewide that have seen more people staying longer as Montana’s housing market boomed following the COVID-19 pandemic.
Cascade County inmates positive for hepatitis C after being served blood-contaminated food, lawsuit contends
The case, filed by 27 inmates, claims that employees of the jail’s food service vendor told kitchen staff not to dispose of the contaminated food and that inmates could “scoop around” the blood, according to court documents.
Homemade grissini, aka supper-club breadsticks
It’s hard to go to a party these days without finding a nicely plated platter full of cured meats, cheeses, nuts, fruits, dips, and more. Store-bought crackers are usually the carb of choice on these charcuterie boards, but they can’t compare to a beautiful bouquet of homemade breadsticks standing watch over the appetizers.
Montana
Montana Morning Headlines: Tuesday, December 16, 2025
WESTERN MONTANA — Here’s a look at Western Montana’s top news stories for Tuesday.
The Flathead County Sheriff’s Office reports the suspect in last Thursday’s attempted kidnapping at a Kalispell gas station has been identified and arrested. The incident occurred at Woody’s gas station at Highways 35 and 206, where a man allegedly attempted to rob and kidnap a woman sitting in her car. (Read the full story)
Flathead County attempted kidnapping suspect in custody
The Bureau of Land Management is offering $1 permits for people to cut their own Christmas trees on public land, with options including Douglas fir, lodgepole pine and western larch. Harvesters must stay at least a quarter-mile from roads and rivers, with BLM encouraging people to target overcrowded areas where thinning would benefit forest management. (Read the full story)
Bureau of Land Management offering $1 Christmas tree permits
Two reindeer from a farm in Washington brought Christmas magic to Murdoch’s Ranch & Home Supply in Missoula on Dec. 6, featuring 10-year-old Candy and 1.5-year-old Elsa posing for photos and meeting dozens of families. The reindeer, raised by Jordan Duncan at Reindeer Express near Spokane, spend their off-season splashing in water and munching grass before returning to holiday duties. (Read the full story)
Creature Features: Reindeer for Rent
-
Iowa3 days agoAddy Brown motivated to step up in Audi Crooks’ absence vs. UNI
-
Washington1 week agoLIVE UPDATES: Mudslide, road closures across Western Washington
-
Iowa4 days agoHow much snow did Iowa get? See Iowa’s latest snowfall totals
-
Maine1 day agoElementary-aged student killed in school bus crash in southern Maine
-
World1 week ago
Chiefs’ offensive line woes deepen as Wanya Morris exits with knee injury against Texans
-
Maryland3 days agoFrigid temperatures to start the week in Maryland
-
Technology6 days agoThe Game Awards are losing their luster
-
South Dakota3 days agoNature: Snow in South Dakota