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Lawsuit challenging Montana PSC districts still moving forward

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Lawsuit challenging Montana PSC districts still moving forward


HELENA — For the second time in three years, a lawsuit is challenging the district lines used to elect the members of Montana’s Public Service Commission. The two sides in the case met Monday in a Helena courtroom, as a judge considers how a trial should be conducted.

The PSC has five members, each elected from a geographical district. They’re responsible for regulating public utilities, railroads and other industries in the state.

PSC districts have been at the center of legal disputes since 2021, when plaintiffs filed a federal lawsuit, claiming they were invalid because their populations were too unequal. The district lines hadn’t been updated since 2003, and population shifts meant some districts had significantly more residents than others. The federal court ruled in favor of the plaintiffs and drew its own map, used during the 2022 PSC elections.

In 2023, the Montana Legislature came up with its own plan. Senate Bill 109, which passed with support from majority Republicans, switched from drawing districts based on county lines to using the newly created state legislative districts. The new map also split the state’s largest cities, including Billings, Missoula, Bozeman and Great Falls, between two districts.

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After the new map went into effect, a group of plaintiffs – including eight individuals and the organization Montana Conservation Voters – sued in state court, saying SB 109 was a partisan gerrymander intended to give Republicans control in all five districts. They argued the law denied other voters a real opportunity to influence the election results in their districts, and that the map was selected because of those effects, not in spite of it. Plaintiffs said the law was an unconstitutional violation of the rights of suffrage and equal protection.

Attorneys for the state, defending the law, said the map wasn’t an intentional gerrymander and that leaders had legitimate interests in bringing it forward. When introducing SB 109 on the Senate floor last year, sponsor Sen. Keith Regier, R-Kalispell, argued the use of legislative districts ensured the five districts’ populations would remain more equal, and that splitting larger communities would mean two commissioners looking out for their interests instead of one.

Monday’s hearing focused on whether the trial in this case should be before a jury. State attorneys asked for a jury, saying it was appropriate for them to decide factual questions like the intent behind the legislation.

“Even if the court said, ‘Okay, I’m not going to put that on to the jury, that would be for the judge,’ causation is clearly a fact issue, and whether there was other justification for it is clearly a fact issue,” said Thane Johnson, an assistant attorney general.

Plaintiffs said there’s no history of gerrymandering cases going before juries, and that the type of questions at issue here are more appropriate for a judge to decide.

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“The court is able to instruct the jury on what crosses the line into unlawful discrimination,” said attorney Dimitrios Tsolakidis, referring to another type of case where he said a jury might make more sense. “There is no pattern here for instructing the jury on how much partisanship is permissible in a political gerrymandering case.”

Regardless of whether a jury is called or not, the trial is scheduled to start December 10.

Three seats on the PSC are open in this year’s elections, and those races will be held under the new district lines. In February, District Judge Chris Abbott denied plaintiffs’ request to put an injunction on the new map. He said plaintiffs had a good chance of showing the map was unconstitutional, but that he didn’t think it would be appropriate for the court to draw its own lines at this time. He said in the ruling that he hoped the case would be resolved before the 2025 legislative session, giving the Legislature a chance to try to get in compliance if the final ruling goes against SB 109.





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Montana

For NorthWestern Energy, trust is a one-way street • Daily Montanan

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For NorthWestern Energy, trust is a one-way street • Daily Montanan


Trust us, says the state’s largest public utility company, NorthWestern Energy, as it made a historic rate increase request two years ago, only to have another large rate request wallop its Montana customers this year.

Trust us, says the same company which can’t even tell the truth in a pleading to the Chief Justice of the United States Supreme Court when it says that a coal plant in southern Montana is the largest plant west of the Mississippi, even though it doesn’t appear to be in the top 3. And don’t even get me started on NorthWestern’s crocodile tears about having to update Colstrip when it has literally been planning to spool it down because of exorbitant pollution control costs, known decades ago.

Trust us, says NorthWestern as it rushes headlong into more fossil fuels, even while most other utilities invest in renewables, some building multi-million dollar projects in Montana to ship energy several states away.

So it’s probably not surprising that NorthWestern is asking to trust it again, as it wants to shut the public out of meetings where members of (*checks notes again) the public are supposed to help put together a plan for the utility company’s future in Montana.

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The public, as it turns out, is a burden and inconvenience, but not so much that the utility company can’t turn around and squeeze a healthy rate of return out of us.

In fact, the public is held in such little regard by NorthWestern Energy that they’ve told the Montana Public Service Commission it’s “essential” to keep the public out of its meetings where the future of Montana’s energy landscape is being discussed. In fact, officials with the utility hold the public in such contempt that they won’t even disclose the members of their company who serve on the Electrical Technical Advisory Committee, mandated by law to be, well, public.

The Montana Public Service Commission has shown a renewed sense of independence lately and has both demanded answers about this clandestine committee, as well as publicly rebuked NorthWestern for its shoddy rate case proposal — twice.

Like all publicly regulated utilities, NorthWestern is guaranteed a reasonable rate of return (read: profit margin) in exchange for having the public involved in its business. There are likely many businesses which would take that deal — a guarantee of financial success, for a bit of public scrutiny.

The trouble is two-fold: NorthWestern has been historically used to getting whatever it wants at the Public Service Commission, by bluster or legal threat. And, the company is recoiling at the indignity of having to answer why it would rather close out the public.

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But NorthWestern is learning the most basic rule of public participation. True, involving the public in commenting and participation guarantees a lengthier, messier process. It’s not as easy for companies or leaders to insist on their way. And, involving the public, even dissenting voices, means compromise, and sometimes consideration of inconvenient questions, like, for example, the role of burning fossil fuels in the sometimes catastrophic climate change taking place beneath the “Big Sky.”

I would suggest NorthWestern wants it both ways, though. It wants to dictate how and what it builds in the future, as well as demand the price it wants to extract from the captive customers who have no choice but to pony up. That, though, disregards the public part of public utilities, which is customers should have a say in what kind of power we want.

By intentionally not releasing information, even the basic kind which includes who sits on the committee and what are the topics discussed, NorthWestern creates its own public relations nightmare in which ratepayers, residents, and nosy columnists assume the worst because the utility company admits it’s purposefully hiding information that everyone else believes should be public.

It’s excellent that the groups which have brought this issue to the forefront continue to demand action. If we have to be held captive by a company whose future plans include taking us back to the days of coal, then transparency would be welcome. And, we’re encouraged that the Public Service Commission has embraced a more critical and even confrontational posture, literally putting the “public service” part back into the equation.

So when NorthWestern energy asks us to trust them, I’d suggest it’s time to turn the tables on them: When will it begin to start trusting the public?

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Montana FWP explains decision to euthanize black bear sow in Butte

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Montana FWP explains decision to euthanize black bear sow in Butte


Around 2:40 a.m. on Wednesday, officials with Montana Fish, Wildlife & Parks (FWP) shot and killed a female black bear that had been on the loose with her two cubs in Uptown Butte since early Tuesday morning.

MTN’s Chet Layman spoke with Morgan Jacobsen, information and education manager for Montana FWP Region 3, about the factors that led to putting down the food-conditioned bear and what’s next for her two cubs:

Montana FWP explains decision to euthanize black bear sow in Butte

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Managing noxious weeds in Montana

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Montana law states that “it is unlawful for any person to permit any noxious weed to propagate or go to seed on the person’s land.” It further states that “…any person who adheres to the noxious weed management program of the person’s weed management district or has entered into and is in compliance with a noxious weed management agreement” is considered to be in compliance. (Montana Code 7-22-2116 (2023)).

Legally, a noxious weed is any plant designated by a Federal, State or county government as injurious to public health, agriculture, recreation, wildlife or property. Montana Noxious Weed List includes 36 plant species ranging in priority from 1A and 1B to 2B, and five regulated plant species.

The first step in any well executed project is to identify the goals and create a plan that is both realistic and effective. Managing noxious weeds begins with plant species identification, includes taking an inventory of the level of infestation, and involves creating an action plan that is viable.

Invasive plants thrive on disturbed soil and seeds are distributed by many vectors including birds, wind, wildlife, livestock, humans and all sorts of vehicles. Some invasives also have aggressive root systems that spread long distances, often from a single plant. Noxious weeds and other non-native invasives left untreated become established, quickly reproduce and spread and cause harm to the environment as well as the economy. Invasive species compete directly with native and desirable species for moisture, sunlight, nutrients and space. Populations unchecked cause major change faster than native ecosystems can accommodate.

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The most effective approach to controlling noxious weeds is the implementation of integrated weed management (IWM), the integration of effective, dependable and workable weed management practices such as cultural (e.g. pulling weeds), mechanical (e.g. mowing), chemical and biological that can be used economically.

Powell County Weed District and Missoula County Department of Ecology and Extension work with land owners and managers to promote IWM practices including site visits and vegetation management plan development, loaner equipment programs, cost-share grants, revegetation tools, biological control with insects, organized weed pull events, outreach and education events and no-cost materials such as weed ID books. We offer plant identification and also provide contact information for licensed spray contractors and other resources that promote healthy land use practices.

I would encourage anyone seeking advice on noxious weed management to contact their local county weed board coordinator or Ag Extension Agent. County coordinators and Ag Extension agents are trained and licensed and provide the most accurate and up to date options and resources for managing noxious weeds.



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