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Judge asks if Colstrip laws pass federal muster

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Judge asks if Colstrip laws pass federal muster


The what-if questions got here from all instructions as a roomful of attorneys argued what the Montana Legislature meant when it handed legal guidelines rewriting a 40-year-old contract governing two growing old Colstrip energy crops.

Federal Justice of the Peace Kathleen DeSoto not often let the legal professionals for Talen Vitality, NorthWestern Vitality, Montana State Legal professional Normal Austen Knudsen or a phalanx of power corporations from Washington and Oregon get greater than a web page into their notebooks earlier than she picked aside their claims.

What if the 1981 contract binding six co-owners of Colstrip Items 3 and 4 bought modified so disputes should be settled in Montana as a substitute of Washington? What if Montana ordered personal companies to maintain supporting a declining coal-fired energy plant although these companies’ personal states have banned the funding in coal burning? What if one legal professional common promised to not use highly effective new legal guidelines favoring Montana, however the subsequent one didn’t preserve the deal?

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Particularly, DeSoto requested why Talen thought it was attainable for the court docket to rewrite state regulation to make clear imprecise however highly effective sections giving Montana the authority to superb Colstrip co-owners tons of of 1000’s of {dollars} for backing out of their partnership. She additionally requested how the Colstrip advocates thought a regulation requiring out-of-state corporations to incur large enterprise losses for the good thing about Montana pursuits wasn’t “financial protectionism” particularly prohibited by the U.S. Structure’s interstate commerce clause.

Majority house owners Puget Sound Vitality, Avista Corp., PacifiCorp and Portland Normal Electrical have all introduced plans to exit Colstrip by the top of 2025. That’s made them tired of investing in Colstrip’s future.

The ability crops have in depth issues. Harm to the Unit 4 boiler was estimated to price $20 million in repairs in 2019. And a current survey discovered Items 3 and 4 malfunctioned 77 days in 2018. Each items have been off-line once more for in depth upkeep in spring 2021.

The 2021 Legislature handed two legal guidelines, SB 265 and SB 266, that modified how administration disputes get resolved over Colstrip operations. SB 265 rewrote the 1981 contract’s arbitration part, requiring debates to happen in Montana as a substitute of Washington and altering the sorts of arbitrators who would determine the debates. SB 266 gave the Montana Legal professional Normal energy to levy fines of $100,000 per day in opposition to each proprietor who blocked makes an attempt to restore Colstrip’s growing old energy crops or cut back its funds.

Talen legal professional Robert Sterup proposed that the best answer was for DeSoto to interpret the legal guidelines from the bench. So the place the regulation stated the Montana AG might impose fines for “conduct” hurting Colstrip, the court docket might make clear that didn’t embrace making a case to stop paying Colstrip’s payments.

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“That’s rewriting the statute, I might argue,” DeSoto replied. The Legislature was in a much better place to put in writing precisely what it meant within the regulation, she stated, reasonably than go away it to a decide to outline.

Sterup countered that judges are additionally presupposed to do every little thing they’ll to resolve circumstances with out ruling about state or federal constitutions. In different phrases, if there’s a easy answer that doesn’t contain deciphering a constitutional clause, the decide ought to take it. He recommended DeSoto’s including her personal definition of “conduct” would try this.

Harry Wilson, the lead legal professional for the Pacific Northwest house owners, stated that lack of readability made it not possible for the Washington and Oregon utility co-owners to know what the principles of the deal have been. He was notably vital in regards to the lack of response from Legal professional Normal Knudsen’s workplace, which has not instructed the court docket the way it intends to deal with its enforcement authority over the fines or arbitration course of.

The group of Colstrip itself was not a part of the contract, however it’s within the lawsuit as a pal of the court docket. Colstrip legal professional Michelle Sullivan argued the legal guidelines have been essential to protect Montanans’ entry to dependable electrical energy.

“I’m representing the folks this may impression if Colstrip turns into a ghost city,” Sullivan stated. “The Legislature wasn’t punishing the PNOs (Pacific Northwest house owners) — it was guaranteeing entry to coal-fired electrical energy.”

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“Isn’t that the definition of financial protectionism?” DeSoto retorted. “This can be a actually unhealthy deal, however it helps us?”

U.S. District Choose Susan Watters has already imposed a preliminary injunction blocking the 2 Montana legal guidelines. DeSoto’s Justice of the Peace listening to on Tuesday was to flesh out arguments why Watters’ choice shouldn’t be everlasting and the legal guidelines taken off the books.



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Montana

How North Dakota State and Montana State reached the FCS national championship game

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How North Dakota State and Montana State reached the FCS national championship game


After a thrilling 2024 season, FCS football will crown a champion when North Dakota State and Montana State battle on a Monday night. As the Bison and Bobcats near the pinnacle of the sport, let’s take a look back at their journeys.

🏈 MORE FCS FOOTBALL 🏈 

North Dakota State

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Regular season

North Dakota State finished the regular season 10-2, losing its first game to Colorado out of the FBS and its final game to South Dakota out of the MVFC. The season-ending loss prevented the Bison from winning the MVFC outright, but it didn’t matter as NDSU still got the No. 2 overall seed in the playoffs.

FCS playoffs

North Dakota State fought off an early scare from Abilene Christian in the second round to win by 20 points. In the quarterfinals, the Bison beat Mercer 31-7 in a game they controlled from start to finish.

Semifinal round

In the semifinals, North Dakota State defeated South Dakota State for the second time this year to advance to the championship game. Click or tap here for more on the thrilling finish.

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Bison schedule

Opponent Win/Loss Score Record Ranking (AFCA)
at Colorado L 31-26 0-1 No. 2
vs. Tennessee State W 52-3 1-1 No. 2
at ETSU W 38-5 2-1 No. 2
vs. Towson W 41-24 3-1 No. 2
at No. 15 Illinois State W 42-10 4-1 No. 2
vs. No. 6 North Dakota W 41-17 5-1 No. 2
at Southern Illinois W 24-3 6-1 No. 2
vs. No. 1 South Dakota State W 13-9 7-1 No. 2
at Murray State W 59-6 8-1 No. 1
vs. Northern Iowa W 42-19 9-1 No. 1
vs. No. 14 Missouri State W 59-21 10-1 No. 1
at No. 4 South Dakota L 29-28 10-2 No. 1
vs. (15) Abilene Christian W 51-31 11-2 No. 4
vs. (7) Mercer W 31-7 12-2 No. 4
vs. (3) South Dakota State W 28-21 13-2 No. 4

Key players this season

  • QB Cam Miller
  • RB CharMar Brown
  • RB TK Marshall
  • WR Bryce Lance
  • WR Braylon Henderson
  • TE Joe Stoffel
  • OL Mason Miller
  • OL Grey Zabel
  • DL Eli Mostaert
  • DL Kody Huisman
  • DL Loshiaka Roques
  • LB Logan Kopp
  • DB Darius Givance
  • K Griffin Crosa

North Dakota State has a reloaded roster under first-year head coach Tim Polasek. The Bison have the Jerry Rice Award winner CharMar Brown in the backfield along top-three Walter Payton Award finalist Cam Miller. The trenches are stout yet again with NFL prospect Grey Zabel on offense and All-American Eli Mostaert on defense.

Montana State

montana state

Regular season

Montana State finished the regular season 12-0 with the longest regular-season win streak in the FCS. Only two Bobcat games — an FBS win over New Mexico State and a Big Sky win over UC Davis — were within one possession.

FCS playoffs

Montana State’s dominance continued in the playoffs. The Bobcats didn’t play a close game in the first two rounds, averaging 50.5 points scored and a 32.5 margin of victory.

Semifinal round

In the semifinals, Montana State held off South Dakota to advance to the championship game. Tommy Mellott led the way offensively with 134 passing yards and a touchdown plus 125 rushing yards and two touchdowns. Click or tap here for more from the game.

Bobcat schedule

Opponent Win/Loss Score Record Ranking (AFCA)
at New Mexico W 35-31 1-0 No. 4
at Utah Tech W 31-7 2-0 No. 3
vs. Maine W 41-24 3-0 No. 3
vs. Mercyhurst W 52-13 4-0 No. 3
at Idaho State W 37-17 5-0 No. 3
vs. Northern Colorado W 55-17 6-0 No. 3
vs. No. 8 Idaho W 38-7 7-0 No. 3
Portland State W 44-14 8-0 No. 3
at Eastern Washington W 42-28 9-0 No. 2
vs. Sacramento State W 49-7 10-0 No. 2
at No. 4 UC Davis W 30-28 11-0 No. 2
vs. No. 10 Montana W 34-11 12-0 No. 2
vs. UT Martin W 49-17 13-0 No. 1
vs. Idaho W 52-19 14-0 No. 1
vs. South Dakota W 31-17 15-0 No. 1

Key players this season

  • QB Tommy Mellott
  • RB Scottre Humphrey
  • RB Adam Jones
  • WR Taco Dowler
  • WR Ty McCullouch
  • TE Rohan Jones
  • OL Marcus Wehr
  • OL Conner Moore
  • OL Titan Fleischmann
  • OL Cole Sain
  • DL Brody Grebe
  • DL Paul Brott
  • LB McCade O’Reilly
  • LB Danny Uluilakepa
  • DB Andrew Powdrell
  • DB Rylan Ortt
  • P Brendan Hall

Montana State is an experienced group with a mix of young talent. Adam Jones was the runner-up for the Jerry Rice Award while senior Tommy Mellott is a top-three Walter Payton Award finalist. Brody Grebe leads the defense; he finished ninth in Buck Buchanan Award voting.

1 reason why each FCS semifinal team can win the title

In 2024, the final four FCS teams all have legitimate shots at winning it all. Here’s why.

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What a championship would mean for each FCS semifinal team

Four teams remain in the 2024 FCS championship chase: Montana State, South Dakota, South Dakota State and North Dakota State. Winning a title means something different for each one.

READ MORE

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The 8 best potential FCS championship game matchups

Before the 2024 quarterfinals kick off, it’s time to rank the most intriguing possibilities for a national championship matchup — and why.

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Students deliver Christmas meals to veterans in Great Falls

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Students deliver Christmas meals to veterans in Great Falls


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Students deliver Christmas meals to veterans in Great Falls

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In the video above, Paul Sanchez reports on students from Central Catholic High School in Great Falls, who provided all of the fixings for Christmas meals for 50 military veterans.



Copyright 2024 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.





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Average gas prices drop 4¢ per gallon in Montana

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Average gas prices drop 4¢ per gallon in Montana


Gas prices have dropped again across Montana just as drivers hit the roads for one of the year’s busiest travel times.

GasBuddy.com reports average gasoline prices in the state have fallen 4.2¢ per gallon in the last week and are averaging $2.79 per gallon as of Monday.

Gas prices are 20.2¢ per gallon lower than at this time a month ago and 22.7¢ per gallon lower than a year ago.

The national average price of gasoline has risen 3.1¢ per gallon over the last week to $3.01 per gallon, which is 2.6¢ lower than a month ago.

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GassBuddy.com reports the cheapest gas in Montana was at $2.56 per gallon on Sunday while the most expensive was $3.06 per gallon.





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