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Floods, fires and drought offered as evidence of Montana’s changing climate

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Floods, fires and drought offered as evidence of Montana’s changing climate


Regardless of where it happens, Cathy Whitlock said, every ton of carbon dioxide added to the atmosphere will boost the likelihood of extreme weather in Montana, setting up repeats of the 2017 wildfires that burned nearly 5 million acres across the state and the 2022 flooding that wiped out roads, bridges and buildings along the Yellowstone River.

The climate scientist was making a point that Montana’s government is attempting to refute, as it defends itself in a lawsuit alleging its policy of ignoring greenhouse gas emissions is hurting the state’s young residents.

“Montana’s promotion of fossil fuel production is making the problem worse, because every ton of carbon CO2 makes a difference,” Whitlock testified Tuesday, the second day of a two-week trial taking place in Lewis and Clark County District Court.

Whitlock, a Montana State University earth sciences professor emerita and founder of the Montana Institute on Ecosystems, spent the morning testifying as an expert witness for the 16 youth plaintiffs in the case, which was filed in 2020. It’s captured national attention as the first of dozens of similar lawsuits across the country to make it to trial.

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Building on Monday’s overview of how greenhouse gas emissions drive climate change, Whitlock provided examples of how the global processes are already underway in Montana.

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The state has been aware of climate change for decades, Whitlock testified, referring in part to the conclusions from the first state-produced climate report in 2007. Since then, she said, the impacts — a direct result of greenhouse gas emissions like those produced by fossil fuel consumption in Montana — have only accelerated.

“We’re seeing warming at a greater rate, we’re seeing more wildfires, we’re seeing greater loss of snowpack, we’re seeing extreme droughts,” Whitlock told the court.

With the increased presence of heat-trapping molecules like carbon dioxide and methane in Earth’s atmosphere, the average annual temperatures have increased 2.1 degrees globally since the late 1800s, according to the expert report coauthored by Whitlock. And they’re rising fastest in high latitudes and at high elevations, she explained, part of the reason Montana’s average annual temperature rose about 2.7 degrees between 1950 and 2015.

But those increases aren’t shared equally across the state or throughout the seasons. In the winter, the state’s average temperature has risen 3.6 degrees during that time, according to Whitlock’s research. And the overall biggest jumps in annual average temperature are being experienced in the north-central and northeastern parts of the state.

The state of Montana, along with its governor, attorney general and several agencies are defendants in the case. The state’s attorneys have mostly avoided arguing the global or statewide temperature trends, or whether they are attributable to greenhouse gas emissions.

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But during the trial’s first two days, they’ve suggested that even if the state put a halt to every activity that adds carbon dioxide to the atmosphere, it wouldn’t make a difference to the plaintiffs, given the sheer scale of global emissions.

“If Montana just stopped emitting CO2 today, every farmer threw in their keys to their tractors, I even handed you my keys, and we stopped, as of this point today, would you agree that would not have an impact on global GHGs?” he asked Whitlock during his cross-examination.

Whitlock disagreed, and added it “would be a good step forward in trying to bring the climate system into equilibrium and stability.”

The plaintiffs argue that the state’s failure to address greenhouse gas emissions is having a direct impact on Montana’s youth. The impacts of climate change are damaging their physical and emotional health, along with their prospects of future livelihoods and preservation of cultural traditions.

They’re asking the judge in the case, Kathy Seeley, to strike down a portion of state law prohibiting consideration of greenhouse gas emissions as a violation of their right to a “clean and healthful environment” under the state constitution.

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Steven Running, a retired University of Montana professor and globally renowned climate scientist, had testified a day earlier that while higher temperatures in deserts and other arid regions tend to intensify that dryness, wet regions are actually getting wetter.

“Warmer air can hold more water vapor,” Running explained. “So if the atmosphere is warming up, if there’s water around, like out in the ocean, or the Amazon … then it evaporates more water into the clouds and those clouds go over and then rain harder.”

In Montana, which straddles the Continental Divide and includes a range of elevations and climactic conditions, the overall picture isn’t so black-and-white. Whitlock testified Tuesday that overall annual precipitation hasn’t changed much. If anything, it’s increased and is projected to continue modestly in that direction as the Earth continues to heat up.

Where the changes in precipitation are most acute are in the seasonal fluctuations. According to Whitlock, summers and winters are growing drier, while the shoulder seasons are growing wetter.

That means potentially devastating spring floods, like those that tore through Red Lodge and caused the Yellowstone River to jump its banks near Gardiner last year, will become more commonplace.

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“We also get these rain-on-snow events, so we already have kind of a wet snowpack in the spring and we put warm rain on top of it,” Whitlock said. “It melts really fast, the ground is already saturated, so the water has no choice but to roar down the hillsides into the streams.”

One of the plaintiffs, 17-year-old Eva Lighthiser, testified Monday before about the “Tsunami of 2018,” when a fast-melting snowpack caused the Shields River to flood in May. It damaged the bridge near her family’s home, rendering it unsafe for vehicle traffic and forcing them to keep a vehicle parked on either side in order to get to town.

Park County built a temporary bridge for residents to use until it too fell victim to floodwaters. That bridge was completely destroyed by an unexpectedly early spring runoff event the following March, according to the lawsuit.

“We had to be more strategic about when we left home and we had to make sure we brought everything we needed for the day, and yeah, there was just all this added stress,” Lighthiser said.

It was the major reason they subsequently left their home and relocated to Livingston, she added.

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Meanwhile, summers and winters have been getting drier, meaning less rainfall when wildfire conditions are at their worst, and less water moisture up in snowfields and glaciers to be released steadily over the course of the year.

The latter is what retired U.S. Geological Survey scientist Dan Fagre calls “mountain water towers.” In the Western U.S., he said, high-elevation snow provides about 85% of the fresh water that used by the state’s residents.

“This is kind of an ecosystem service that the mountains provide,” Fagre said. “The issue is that this free reservoir system is getting smaller and this is something to be concerned about, because we rely on it quite a bit.”

Fagre spent much of his career in Glacier National Park, documenting the retreat of the masses of ice that have sculpted the mountain landscape over the previous 7,000 years. Based on historical observations and other evidence, Fagre’s research indicates there were 146 glaciers within the park’s boundaries 150 years ago.

It’s one of the most visible indicators of a long-term warming trend, Fagre testified. Glaciers are formed by snowfall accumulating and compacting over time into fields of ice so massive that their weight changes the consistency of the ice on the bottom. The base softens under all that pressure, allowing the glacier to slowly flow over and carve the land.

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Given the relatively stable precipitation levels over time, Fagre said those glaciers would also be stable or growing slightly if average temperatures weren’t increasing. Instead, the overall surface area of glaciers within the park has shrunk by 70% since 1850, he said.

“Glaciers are going bankrupt, because they’re spending more than they’re getting,” Fagre said.

That goes for agricultural water supply as well, Whitlock testified. While she acknowledged some benefits from a changing climate — a longer growing season, or the ability to grow cantaloupes in the Mission Valley — there will also be more extreme weather events, higher odds of droughts and less certainty that water will be available at the end of the summer.

In 2017, for instance, she said a “flash drought” that unexpectedly gripped much of the state caused an estimated $2.6 billion in crop damage.

“The negatives, I think, outweigh the positives in many ways,” Whitlock said.

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Alan Olson: Biden EV mandates not practical for Montana

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Alan Olson: Biden EV mandates not practical for Montana


Life in Montana takes energy.

Companies and individuals across the state have worked tirelessly over the years to ensure Montanans have the power to go about their lives in the way they want. It is part of what makes Montana the Last Best Place.

However, the Biden-Harris administration’s new EPA mandate threatens that freedom. Under the EPA’s final rule, two-thirds of vehicles sold by U.S. automakers need to be battery-powered or plug-in hybrid by 2032. Fundamentally — Montanans, and the rest of the United States, will eventually be forced to purchase an electric vehicle (EV) for their family car — no matter how expensive it is.

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If Montana is to preserve a huge part of its residents’ way of life and prevent the stretching of some communities’ shallow pockets, we need all our policymakers in DC to step up to the plate and oppose this electric vehicle mandate.

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As Executive Director of the Montana Petroleum Association, I have seen firsthand how hard our member companies work to provide reliable energy sources to the people of Montana. If the EPA’s mandate takes root, our member companies’ workers will suffer, as oil and gas jobs become fewer and further between.

It will also drastically increase consumer costs as a result of the mandated shifts to expensive and inefficient EV’s, which at this point simply do not support the hauling and long-distance needs of members of the oil and gas industry, or everyday Montana consumers.

Our member companies are actively addressing sustainability and climate issues, recognizing the importance of reducing greenhouse gas emissions, and operating with the aim of providing Montanans with critical resources while respecting the importance of our environment — but the bottom line is that Montanans — and Americans — still rely heavily on gas- and diesel-powered vehicles, and shouldn’t be expected to scrimp in other essential areas, like groceries, just to eventually be able to afford an EV.

Kelley Blue Book reports that according to data from Cox Automotive, “the average transaction price for electric cars was $53,469 in July 2023, vs. gas-powered vehicles at $48,334.” The exponentially higher cost of an EV in addition to Montana’s rising cost of living is not insignificant. Car insurance for EVs is also costlier than gas powered vehicles, “on average, insurance for an electric car is $44 per month more expensive.” How can the government implement policies that impact Americans’ job availability and then double down by providing essentially one, expensive option for a cornerstone of their daily lives?

In addition to the financial strain this forced electric transition will have on consumers, it also heightens serious, existing concerns for Montana’s electric grid. Electrification of Montana vehicles will cause an inevitable increase in demand on our state’s limited grid capacity.

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I commend Sen. Steve Daines’ and Attorney General Knudsen’s efforts to oppose this mandate, but unfortunately, it may not be enough.

We need Sen. Tester and all of our office holders to stand against this mandate from Washington, D.C. because failing to do so puts Montana consumers, and our energy security, in jeopardy.

Alan Olson is the Executive Director of the Montana Petroleum Association

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Montana Supreme Court hears arguments on permit for Laurel power plant

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Montana Supreme Court hears arguments on permit for Laurel power plant


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.

Jonathon Ambarian

A full audience was in attendance May 15, 2024 as the Montana Supreme Court heard oral arguments in a case that centers on NorthWestern Energy’s planned Yellowstone County Generating Station near Laurel.

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.

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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.

Montana Supreme Court Laurel Plant

Jonathon Ambarian

Jenny Harbine, an attorney for Earthjustice, addressed the Montana Supreme Court May 15, 2024, during oral arguments in a case that centers on NorthWestern Energy’s planned Yellowstone County Generating Station near Laurel.

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.

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“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.

Montana Supreme Court Laurel Plant

Jonathon Ambarian

Jeremiah Langston, an attorney for Montana DEQ, addressed the Montana Supreme Court May 15, 2024, during oral arguments in a case that centers on NorthWestern Energy’s planned Yellowstone County Generating Station near Laurel.

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.

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“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.

Laurel Plant Capitol Rally

Jonathon Ambarian

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Attendees hold signs protesting against NorthWestern Energy’s planned power plant near Laurel, during a May 15, 2024, rally organized by Northern Plains Resource Council.

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.

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“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.”





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Second Montana ski resort looks to turn wastewater into powder

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Second Montana ski resort looks to turn wastewater into powder


The Spanish Peaks Mountain Club has requested a permit from the Montana DEQ.

By Justin Franz MONTANA FREE PRESS

The Spanish Peaks Mountain Club in Big Sky has asked for a permit from the Montana Department of Environmental Quality to let it turn wastewater into snow for skiing and snowboarding. The private club is the second Montana ski area to try and implement snowmaking technology that proponents say is good for the environment and skiers amid a warming climate. 

More than a dozen ski areas in eight states, plus some in Canada, Switzerland and Australia, use wastewater to make powder. This past winter, the Yellowstone Club near Big Sky became the first in Montana to turn what was once sewage into snow. The Spanish Peaks Mountain Club and Yellowstone Club share a common parent company, CrossHarbor Capital Partners, but they operate as separate businesses. The Spanish Peaks terrain is operated by Big Sky Resort and accessible to the public. 

If approved, Spanish Peaks Mountain Club would use the treated water to make snow on approximately 44.5 acres of groomed runs on Spirit Mountain and the Spanish Creek base area and about 40.7 acres in the Southern Comfort ski area. The ski area would mostly use the treated snow in November and December to build a base during the early season. 

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The project would be built out in two phases. During phase one, the ski area would use 23 million gallons of treated water per year to make about 18 to 24 inches of snow. During phase two, that would increase to 44 million gallons of water annually. 

DEQ has prepared a draft environmental assessment and is accepting comments on the plan through June 6. 

In an emailed statement to Montana Free Press, Spanish Peaks’ Vice President of Environmental Operations Richard Chandler wrote, “We are very excited about this effort and appreciate the Department of Environmental Quality’s careful review. The conservation community in Montana has embraced the concept of turning reclaimed water into base layer snow to reuse our precious resources, recharge the aquifer and extend cold water flow into our rivers in the late summer months. Projects like these will help add resiliency to the Gallatin River, especially during drought years.”

Chandler, who also oversees the Yellowstone Club’s environmental operations, has previously said that turning recycled water into snow is better for the environment than just releasing it into a river, which normally is what happens. By shooting it through the snowmaking equipment (it’s essentially misted onto the slopes as snow) the wastewater is treated again. Then, as it melts in the spring and enters the ground, it’s filtered a third time. Because of that, groups like the Gallatin River Task Force, Trout Unlimited, American Rivers, Great Yellowstone Coalition and the Association of Gallatin Agricultural Irrigators all supported the Yellowstone Club project.

The effort to turn wastewater into snow in Big Sky dates back more than a decade. In 2011, the Gallatin River Task Force, Yellowstone Club and DEQ teamed up to study the concept. The idea was that as climate change made the region’s snowpack more unpredictable, they could serve skiers and the watershed by making snow from treated water that is traditionally just put into rivers and other bodies of water. That winter they successfully turned a half-million gallons of wastewater into two acres of snow about 18 inches deep. 

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In 2020, the Yellowstone Club applied for a permit from DEQ to expand that pilot program into a permanent snowmaking operation on Eglise Mountain. The following year, the state issued a permit allowing the Yellowstone Club to turn 25 million gallons of wastewater into snow annually. Two years and $12 million later, the new system began making snow last November. 

Under the current plan, 80% of the recycled water comes from the Big Sky community, and 20% comes from the Yellowstone Club. For the Spanish Peaks project, all of the water will come from the Big Sky County Water and Sewer District wastewater treatment facility.  



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