Montana
Climate impact analysis procedures among recommendations in MEPA work group's report • Daily Montanan
The Montana Department of Environmental Quality and Environmental Quality Council might soon analyze climate impacts from energy projects in order to uphold Montanans’ constitutional right to a clean and healthful environment, according to draft recommendations from a workgroup.
The group of 20 people that are looking into ways to clarify and update the Montana Environmental Policy Act was convened in January by the Department of Environmental Quality and consists of lawmakers, energy industry representatives, environmental and conservation groups, tribes, environmental studies experts, and private citizens.
MEPA is a statute passed by Montana lawmakers in 1971 to ensure the legislature is fully considering the environmental impacts of state actions, and is passing laws that uphold the Montana Constitution’s protections of a clean and healthful environment and that the public is informed of them.
The work group’s task is to review how, and if, MEPA should be updated to clarify its role in both protecting the environment and permitting decisions, as well as to try to kickstart methods by which the DEQ can analyze greenhouse gas emissions and climate impacts from projects while the Held v. Montana appeal is decided by the Montana Supreme Court this summer.
Last August, Judge Kathy Seeley found a legislative “limitation” to MEPA, which prohibited the state from considering greenhouse gas emissions or climate impacts when permitting energy and mining projects, was unconstitutional because it violated Montanans’ rights to a clean and healthful environment.
The DEQ released the working group’s 40-page draft report last week, and the full group met Wednesday in what was its second-to-last meeting to discuss the recommendations, voice any dissent, and suggest any final tweaks as the department finalizes the report next week. The full group is set to meet one final time on June 27 to sign off on the report.
“I think we’ve landed on a set of recommendations that really reflected the challenges that I feel in MEPA,” said DEQ Director Chris Dorrington. “I don’t agree with all the recommendations as they all come out, I’m just going to be honest. I think there are still things that are very challenging for the agency to both view and implement, and I think that’s fair, too.”
How the report will be utilized
The meeting showed some hardened divides – especially between conservation groups and energy groups – remain about MEPA’s role in the permitting process, how the courts have interpreted challenges under MEPA, how to best analyze emissions and climate impacts, whether the legislature is fulfilling its duties to the constitution and the environment, and what might become reality out from the recommendations.
The working group was divided into three subgroups — climate analysis, MEPA process and applicability, and public engagement and education. Each group developed a list of challenges that needed to be addressed and multiple recommendations on how to do so, which are compiled in the final report.
Subgroup recommends outline to perform climate analyses
MEPA and its underlying permitting statutes are key in determining whether some of the most controversial projects — including mines, power plants like the one NorthWestern Energy is building in Laurel, gravel pits, and wastewater pools — receive permits from the state based on their expected impacts to the environment and nearby residents.
The climate analysis subgroup’s challenge was finding a way for DEQ and other agencies to develop a short-term outline of how they could perform climate analyses in the MEPA process while the Held appeal is still pending and before the legislature convenes next January. The Supreme Court will hear oral arguments in the case on July 10.
The subgroup came up with two recommendations. The first says the DEQ should draft an interim study bill asking the Environmental Quality Council to look at different models to analyze climate impacts and a statutory framework that will hold up regardless of how the court rules in Held.
“While the Legislature will likely contemplate other MEPA legislation in 2025, this interim study can encourage legislators from both sides of the aisle to have an open mind and thoughtfully weigh the pros and cons to certain approaches on climate analysis,” the draft report says.
The second says DEQ should consider “the reasonably foreseeable (greenhouse gas) emissions of a proposed action” alongside a no-action alternative and “any reasonable alternatives.”
The draft report says the DEQ should assume that either part or all of Seeley’s decision in Held will be upheld by the Supreme Court and should take the time before the decision comes down to estimate costs of those analyses, how many employees it might need to perform them, and to study how other states or municipalities perform climate analyses.
But the report also notes there is disagreement about what type of climate analyses should be used by the state, a risk of litigation over which are chosen, and that the Republican-supermajority legislature – which strengthened the prohibition on climate analysis during last year’s session ahead of the Held trial – has “strong feelings” about climate analyses.
There was some disagreement about what the DEQ could do on its own without guidance from the legislature next year, and whether an interim study would be effective.
“I think we’re going to still be talking about climate analysis in two years, in four years, in 10 years. That doesn’t mean there won’t be action, but this won’t be decided on one point and then never discussed again,” Bennion said.
Report recommends more clarity on MEPA process for public
The public engagement, education and outreach subgroup found the department needed to better clarify for the public what type of public meetings should be held for various types of projects to cut down on confusion and set expectations from the beginning.
It also found that over the years, the legislature has not funded the EQC adequately enough to continue internal education and training on MEPA, nor updated resources for the public about how the process works. The group recommended adding at least one full-time staffer who could perform such work.
The group also recommended clarifying what type of comments the DEQ is asking for when it comes to the public review process and suggested building a clearinghouse of educational materials on MEPA on the DEQ’s website to make the laws more readily understandable.
The MEPA process and applicability subgroup found there needs to be a better public understanding of the types of actions, assessments, and reviews are required under MEPA.
Recommendation to re-organize MEPA statutes met with contention by some
But another subgroup also recommended the legislature re-organize the MEPA statutes “to clarify the legislative intent that MEPA is procedural, and distinctly different from the substantive statutes that regulate environmental impacts.”
For years conservation and environmental groups have argued whether MEPA has been about the procedures for permitting projects or meant to outline environmental policy.
“MEPA, neither in its original construction nor through amendment was ever intended to provide the substantive protections guaranteed in the Constitution; but rather to provide a transparent public process in which to analyze and disclose potential threats to the human environment,” the draft report says.
The subgroup also recommended that the legislature change the language of MEPA so it “clearly limits the ability of procedural challenges to hold up permits that could otherwise be issued.” It also recommends changing MEPA analyses so that they include “a balanced view of social, economic, and environmental impacts” – a nod to impacts businesses might face as permits are held up or denied.
The report notes some of the subgroup members disagreed about whether the legislature needed to re-write the laws, but Darryl James, a consultant for energy companies who co-led the subgroup, said the act should merely specify the procedures the agency must follow.
The Montana Environmental Information Center’s Anne Hedges told him the group would write a strong dissent to the recommendation and that she believed the group was attempting to re-write 25 years of case law and “trying to pretend those (court) decisions didn’t happen.”
Montana Trout Unlimited’s Clayton Elliott broke up the back-and-forth between the two by suggesting the work group should consider more public outreach before moving to have the legislature reorganize or re-write the laws.
“When I read your recommendation, it sort of seems like we’re pursuing the most aggressive treatment for the problem rather than starting with aspirin,” Elliott said.
James said he agreed more outreach should be the first step before putting pen to paper on those plans.
The work group will have to send their written dissents and opinions to DEQ by the end of the week for those to go into the final report, which will likely be released to the public by the end of next week.
The public comment portal for the draft report will remain open until June 17 for people to submit their own thoughts on the proposals, and the group is set to meet at 4 p.m. on June 27 to sign off on the report.
FINALDRAFT_Recommendations_Complete
MISSOULA — Four out of five members of Montana’s Public Service Commission were in a federal courtroom in Missoula Thursday morning, as the PSC’s former president challenges the disciplinary action taken against him earlier this year. Now, newly released documents are shedding more light on to what led up to this point.
(Watch the video for a closer look at the case.)
New documents shed light Montana PSC dispute
Commissioner Brad Molnar has sued President Jeff Welborn, Vice President Jennifer Fielder and Commissioner Annie Bukacek – the three PSC members who voted in May to require him to work remotely, after an investigation into complaints about his workplace conduct. Molnar has claimed he is being unfairly punished for constitutionally protected speech, and he asked Senior U.S District Judge Donald Molloy to allow him to return to the PSC offices.
Matthew Monforton, Molnar’s attorney, told the judge that barring Molnar from the building was limiting his ability to do his job.
“He has not been officially kicked out of office, but his voice has clearly been diminished,” said Monforton.
But Natasha Jones, an attorney representing the other three commissioners, said the findings were about behavior, not just speech, and that the PSC’s action was a reasonable response.
“These are serious concerns about a pattern of conduct that has made employees quit,” she said.
Jonathon Ambarian
On Tuesday, Molloy ordered the release of redacted versions of two full investigative reports into Molnar’s conduct – more than 100 pages of documents. Monforton had moved for the full reports to be made public, and Molloy ruled attorneys for the other PSC members hadn’t shown a compelling reason to keep the documents under seal as long as the names of people involved in the investigation were obscured.
While the names remained redacted in the investigation reports, the attorneys for Welborn, Fielder and Bukacek also filed additional documents – including a public declaration from Bukacek and from former PSC executive director Alana Lake, providing information about their allegations against Molnar.
The two reports, from an outside investigator, cover Molnar’s alleged actions over two periods: the first from February to August 2025, and the second from August to October 2025. The investigation began after the first formal complaint, filed by Bukacek in May 2025 – though the reports say employees had been bringing up concerns about Molnar’s behavior informally for several months prior.
Bukacek’s complaint claimed Molnar had repeatedly made what she called “sexualized and demeaning comments.” The examples she cited included saying the PSC should replace “Taco Tuesdays” with “Topless Tuesdays,” reminiscing about watching girls in bikinis as a teenager, and commenting about the beauty of women in areas of China who didn’t get “old and wrinkly.”
In her declaration, Bukacek also claimed Molnar had “maliciously disseminated false information” about her and “engaged in behavior that was dismissive, derisive and otherwise abusive.”
“My primary concern now is not for my safety nor my feelings, but for the rest of the staff who may not have the temperament to speak up or may feel too intimidated to speak up given concerns over job security,” Bukacek said in her declaration.
MTN News
The investigators determined Molnar had violated the PSC’s code of conduct by making comments of a sexual nature, and that it appeared his behavior had continued for some time after he was warned about it. They also found he had behaved unprofessionally and in a belittling manner toward Bukacek, though they said Bukacek herself had at times used “language that could be considered inappropriate” in emails to staff or other commissioners. Bukacek told MTN she “readily self corrected” any behaviors that were brought to her attention.
The investigation also found a violation in connection with a complaint from a PSC staff member, who said he “felt bullied” by Molnar when the commissioner sent an email complaining about his team not being “people with competence.”
However, much of the first report and the entire second report was focused on conduct after the initial complaints, when Molnar was accused of retaliating against people who participated in the investigation. Lake said in her declaration that she saw “an immediate and significant change in his behavior toward staff involved in the process.” She claimed he said he would use an attorney and private investigator to go after people who filed complaints, and she accused him of publicly criticizing her in interviews and removing her job responsibilities because of her handling of the investigation.
Lake said Molnar’s actions led to “declining morale within the agency,” undermined staff members’ ability to do their jobs and damaged her reputation. She said that led her to resign as executive director.
“I believe no employee should be forced to choose between reporting misconduct and protecting their career, reputation, or personal well-being,” she said in her declaration.
Lake has since become Helena city manager.
Jonathon Ambarian
The report said there was evidence to show Molnar had retaliated, including by “making disparaging statements about investigation participants” including Lake, by sending an email warning he could file complaints of his own against people involved, and by taking other actions investigators said could dissuade employees from reporting behavior in the future.
Monforton said during Thursday’s hearing that the initial comments Bukacek complained about were jokes Molnar had admitted were inappropriate, that he regretted saying them, and that he hasn’t made any similar comments in about a year. But he argued the vast majority of the findings against Molnar were about retaliation – and that those were primarily based on speech that the other commissioners don’t have the right to interfere with.
Monforton said it’s unreasonable to punish Molnar for what he said in the July news conference where he announced he was under investigation, in interviews with the media or in commission meetings. He said Molnar’s conduct doesn’t rise to the level of actual retaliation.
“This is an elected official, engaging in speech in his forum,” Monforton said.
He said Molnar may have made harsh comments toward staff, but that he had the right to raise objections about the way the agency does business.
Jonathon Ambarian
Monforton also argued the retaliation claims no longer justify keeping Molnar out of the office, since Welborn, Fielder and Bukacek voted to remove him as president in October and he no longer has the authority he’s accused of misusing. He said there haven’t been further complaints about his behavior since that time.
“We’re not asking for the moon and stars, we’re asking for the status quo as it existed for the last seven months,” he said.
Jones said there is enough evidence to show Molnar would have been punished regardless of whether any protected speech was excluded.
“This is not about a couple of jokes,” she said.
Jones said Molnar made maliciously false statements about people like Lake, and that type of statement isn’t covered by free speech protections.
She also said Molnar’s exclusion from the PSC offices is temporary, and that the PSC will reconsider whether to let him return if he apologizes for his actions, accepts the agency’s code of conduct and undergoes training.
Molloy indicated he saw indications that there was “acrimony” on both sides of the situation, and said he was skeptical it would be resolved easily.
“It would be nice if instead of juvenile behavior, there was professional behavior,” he said.
However, the judge said there was an avenue for Molnar to pursue if he wanted to reach a resolution.
Molloy took no immediate action Thursday. He told the parties he would rule as quickly as he could.
Carrie Gilbertson has been executive director of Cancer Support Community Montana for just under two months, stepping into the role in April with more than 15 years of nonprofit experience and a lifetime of Montana roots.
The organization provides psychosocial and mental health support to anyone affected by cancer — not just those with a diagnosis, but also family members and others walking alongside them.
WATCH: Meet the new leader of Cancer Support Community Montana 🎗️
Cancer Support Community Montana names new executive director
“This mission of providing psycho-social supports and mental health supports for anyone impacted by cancer, not just that person who has the diagnosis, but also family members, anyone who is walking alongside someone as they experience that often scary diagnosis, that’s just something that’s important to me,” Gilbertson said.
Gilbertson’s role extends beyond the Bozeman office. Cancer Support Community Montana’s Missoula location is already up and running, and a Helena location is expected to be operating soon. Each presents its own set of challenges.
“Each hospital is different. They might have different resources. Their social workers might be connecting to things in a different way. So understanding what those hospitals need, what different participants need in each community, is going to be different just because the communities are different, resources are different,” Gilbertson said.
The Bozeman office has been operating for more than 20 years, providing a foundation that supports the organization’s broader statewide efforts.
“I think this is a crew that looks at what does this community need what do our participants need what are some of the changing landscapes in cancer care what things are the gaps that we see that we can maybe just jump right in and you know let’s see if we can provide that for people so that’s something I really love about this crew that I work with and just this mission that there is some flexibility in being able to adjust and adapt as we learn more,” Gilbertson said.
Those adaptations show up in unexpected ways. The organization converts its parking lot into a pickleball court every Friday morning.
“I didn’t know there was a pickleball court. I pulled in actually with my daughter pulled in and she was is that pickleball court and I was like oh, it kind of looks like it is so yeah that’s fun, every Friday morning we clear out the parking lot and put up the net and I haven’t played yet I’ve been watching just to kind of see how that game works but they take it pretty seriously,” Gilbertson said.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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