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Montana failed to consider pollution from new power plant, but Supreme Court won't stop it • Daily Montanan

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Montana failed to consider pollution from new power plant, but Supreme Court won't stop it • Daily Montanan


In a years-long fight to stop a power plant near Laurel from releasing the pollution equivalent of 167,000 cars per year, the Montana Supreme Court decided unanimously that both the state’s Department of Environmental Quality as well as NorthWestern Energy had skirted the state’s environmental law by refusing to acknowledge or take action on the greenhouse gases released by the power plant. But the decision will do little to stop the already-operational power plant.

The ruling will now force the DEQ to go back and fully analyze the pollution impacts of the 18 methane-combustion generators, and report the effects that greenhouse gases and industrial lighting will have on the environment.

However, the Montana Supreme Court orders will do nothing to stop or change the operations — at least not immediately — or halt any of the pollution the two environmental groups proved will happen.

Owing to a unique set of circumstances and unconstitutional laws passed by the Montana Legislature and struck down later, the Montana Supreme Court said that because the DEQ was following the law at the time, and because the environmental groups did not ask the district court judge to halt the operational permit for the Laurel Generation Station, it will be allowed to operate under its current permit, even though the justices acknowledged that state government, including the DEQ and the governor, have a constitutionally mandated obligation to protect the environment from harm.

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The ruling was cheered by NorthWestern Energy, the state largest public utility company, as it noted the plant was running to provide energy to customers in the state’s largest county even as the forecast called for as much as 10 inches of snow during the weekend.

“Today’s Montana Supreme Court’s decision reinstating the Yellowstone County Generating Station permit will help ensure reliable energy service and keep bills as low as possible for our customers. This is good news for Montanans already relying on the critical, cost-saving capacity of the 175-megawatt Yellowstone County Generating Station, including for power during this first winter storm of 2025,” said NWE spokeswoman Jo Dee Black.

The successful environmental groups cheered the ruling as a reinforcement of the Montana Constitutional mandate that requires a “clean and healthful environment,” but noted the ruling will have little effect on the substantial air pollution that neither NorthWestern or DEQ denies the plant will produce.

“We are pleased that the Montana Supreme Court has ruled that Montanans deserve to know the full harm that the 770,000 tons of annual climate pollution NorthWestern Energy’s power plant will impose on our farmers, ranchers, economy, and health,” said Edward Barta, chair of Northern Plains Resource Council, one of the two groups that brought the lawsuit. “However, we are disappointed that NorthWestern’s dangerous plant is allowed to continue operations without any accountability for the state ignoring our constitutional right to a clean and healthful environment. It’s time for DEQ to take its job seriously so that everyday Montanans are not sacrificing their health and livelihoods for one corporation’s profits.”

The Sierra Club was the other organization that challenged the Laurel Generation Station.

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The Supreme Court order, authored by Justice Beth Baker, said that despite the Legislature’s attempt to gut the Montana Environmental Policy Act, it can’t avoid the constitution’s mandate. Furthermore, it said that even though the plant is operational, the DEQ must go through and analyze, and even possibly require mitigation in the future.

What was not in dispute is the amount of greenhouse gases and other pollutants the Laurel Generation State will produce, and the court outlined those:

  • 75 tons of Particulate Matter 10
  • 28 tons of Particulate Matter 2.5
  • 222 tons per year of nitrogen oxides
  • 246 tons per year of carbon monoxide
  • 215 tons per year of volatile organic compounds
  • 14 tons per year of sulfur dioxide
  • 93 tons of hazardous air pollutants
  • The equivalent of 769,706 of carbon dioxide

The Montana Supreme Court also said that while the Montana Environmental Policy Act does not allow the DEQ to necessarily stop the construction of a power plant like the one in Laurel, it said that a thorough analysis of its effects must be studied and disclosed to the public. Moreover, depending on the results of those analyses, the DEQ could require changes to design or apply other parts of state law to stop or mitigate pollution:

“The district court observed — and DEQ does not disagree — that the agency ‘did not take any sort of look at the impacts’ of the Laurel Generation Station’s greenhouse gas emissions within Montana. A review under the Montana Environmental Policy Act must, among other things, identify ‘any adverse effects on Montana’s environment that cannot be avoided if the proposal is implemented.’ One purpose of the environmental assessment is to ‘avert potential environmental harms through informed decision making.’ As we have observed, ‘MEPA’s procedural mechanisms help bring the Montana Constitution’s lofty goals into reality by enabling fully informed and considered decision making, thereby minimizing the risk of irreversible mistakes depriving Montanans of a clean and healthful environment … The state does not have a ‘free pass to pollute the Montana environment just because the rest of the world insists on doing so.’”

The Supreme Court also said that the DEQ or other state officials cannot rely solely on federal standards for pollution because of the state’s constitutional requirement of a clean and healthful environment.

“Federal standards tell the people of Montana little or nothing about any potential impact of the greenhouse gas emissions of the Laurel Generation State specifically, and do not satisfy the Montana Environmental Policy Act’s role in fulling ‘the strongest environmental protection provision found in any state constitution,’” the ruling said.

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It also said that even if the state DEQ will not stop a proposed project like the Laurel Generation Station, that it has an obligation to “identify impacts and acknowledge their significance.”

The court’s opinion also faulted the DEQ for failing to address or respond to hundreds of comments raising concerns about the environmental impact of the plant, noting that the vast majority of the public response to the project was negative, and criticized the department’s silence on the subject of air pollution.

As part of the case, the Supreme Court also found that the DEQ had properly considered the noise impacts of the plant, and reversed District Court Judge Michael Moses’ portion of the ruling, which said the agency had not properly considered it. However, the state’s highest court affirmed that the DEQ did not conduct an adequate review of the possible light pollution from the plant, and its effects on the property owners around it.

The justices ordered the DEQ to conduct an analysis, which could mean the NWE would have to change some lighting around the plant, which sits approximately 300 feet from the banks of the Yellowstone River and nearby the CHS refinery.

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One dissenting opinion … sort of

Justice Laurie McKinnon along with Justice Ingrid Gustafson, agreed with the fellow justices, making it unanimous that the Supreme Court found that the state had failed to conduct a proper review under the Montana Environmental Policy Act, and acknowledged the impacts the power plant could have on the environment.

However, they dissented in part, saying that the court’s rationale and findings were undermined by its conclusion to let the plant continue ahead with operations, despite the fact that none of the parties disputed the pollution it would create.

“Alarmingly, and in contravention of clear precedent, the remedy the court chooses to do is nothing. The court allows the Laurel Generation Station to continue with its environmental harm and remands so that public may be informed of what it already knew — the consequential impact on its community from LGS’s emission of greenhouse gases,” the dissent said. “The only relief that can ensure the public is not irreparably harmed is to prevent the Laurel Generation Station from becoming operational until adequate Montana Environmental Policy Act review is completed. Our decision is empty and will be meaningless to the Montanans who want and believe the plant should be evaluated for its greenhouse gases before it becomes operational.”

LGS plant SupCo 010325

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Montana

Gianforte signs bathroom, trans athlete restrictions into law

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Gianforte signs bathroom, trans athlete restrictions into law


Republican Gov. Greg Gianforte on Thursday signed two bills restricting transgender Montanans’ access to public bathrooms and locker rooms and participation on athletic teams, sparking legal action from civil rights advocates against one of the new laws slated to go into effect immediately. 

The news came from the governor’s office via a press release in the early afternoon and an accompanying video posted to the social media platform X. There, Gianforte said the legislation would help “safeguard fairness, privacy, and security” in sports and public places.

“Over the last few years we’ve seen far-left gender ideology sweep the nation,” Gianforte said. “But here in Montana we’ve stood up against this radical agenda and maintained equal opportunity for all Americans while also protecting women and girls.”

House Bill 121, which affects public bathrooms, locker rooms and sleeping areas, in addition to those residing at domestic violence shelters, was written to take effect immediately upon being signed into law. House Bill 300, pertaining to student athletes in K-12 and university settings, is not slated to take effect until Oct. 1. 

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An attorney for the ACLU of Montana said the organization filed a lawsuit Thursday afternoon against HB 121 on behalf of transgender and intersex plaintiffs. The same-day lawsuit was prompted by the law’s immediate effective date, the attorney said.

“This is yet another attempt to demonize and marginalize transgender Montanans and we won’t stand by idly,” said Alex Rate, the organization’s legal director.

Both bills saw broad support from legislative Republican lawmakers, reflecting how the issue of strict gender roles has become a cornerstone of the state and national GOP in recent years.

Gianforte’s Thursday announcement was lauded by national groups including the Alliance Defending Freedom and Independent Women’s Voice, which has advocated for similar gender bills in other states. 

Throughout committee hearings and debates, backers of both bills consistently sidestepped opponents’ allegations they intended to restrict the lives and expression of transgender people. Rather, supporters described cisgender women feeling uncomfortable or threatened when in close proximity to transgender people in vulnerable spaces, such as locker rooms and dormitories. 

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Supporters also described the hypothetical situation of predatory, cisgender men masquerading as women for the purpose of invading public spaces, an argument that Democratic lawmakers and transgender opponents panned as disingenuous and fearmongering.

“We have trans people in our communities. We have trans people who are employees, who are students. We have trans people who face abuse and come to the shelter,” said Rep. Zooey Zephyr, D-Missoula, the first openly transgender woman to serve in the Montana Legislature, during a January debate over HB 121. “‘This is not an issue’ is what was said again and again by the people impacted on the ground.”

Rep. Zooey Zephyr, D-Missoula, pictured on the House floor in 2023. Credit: Samuel Wilson / Bozeman Daily Chronicle

The plaintiffs in the ACLU lawsuit include two state employees, a political intern for the Montana Democratic Party who works at the state Capitol building, and an accessibility coordinator at Helena College, a public university, all of whom are transgender or do not identify as either gender. Another plaintiff is intersex and, because of his biological characteristics, does not know whether HB 121 classifies him as “male” or “female.” 

The law creates a route for legal action against any public facility — including jails, schools and government buildings — or domestic violence shelter that do not take steps to ensure that multi-user bathrooms or locker rooms are sex-segregated based on chromosomes and reproductive biology.

In court filings, attorneys for the ACLU of Montana said the law presents plaintiffs with impossible choices about how to navigate public spaces where they work, as well as public parks and libraries. 

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“Discomfort with or dislike of transgender people cloaked as a privacy or safety concern is not a legitimate basis for imposing unequal or stigmatizing treatment,” attorneys wrote in the brief for a temporary restraining order. 

Rate added that the ACLU of Montana did not have an immediate plan to challenge HB 300, the prohibition on athletic participation, though he said the latter bill “suffers from the same constitutional infirmities” as the bathroom ban.

Lawmakers from both parties this session questioned how HB 300 is legally distinct from prior bills that sought to restrict student sports participation. A bill from 2021 was struck down as it applied to colleges and universities after a judge found it infringed on the role of the Montana Board of Regents. Another bill that sought to institute strict definitions of “sex” across Montana law was found unconstitutional in February based on equal protection and privacy violations. 

Supporters pointed out that HB 300 amends a broader, preexisting section of law that prohibits discrimination in education. They also said the policy is in line with the federal government’s stance on interpreting gender discrimination, an analysis that has flipped between the administrations of former Democratic President Joe Biden and current Republican President Donald Trump. The NCAA has also recently changed its protocols for transgender athlete participation, under pressure from the Trump administration, requiring participation to be based on sex assigned at birth.

In an emailed statement, a spokesperson for the Office of the Commissioner of Higher Education told Montana Free Press that it is anticipating minimal issues with complying with both laws.

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“A preliminary review of campus bathroom facilities shows that minimal effort will bring our campuses into compliance,” said Galen Hollenbaugh, deputy commissioner for government relations and communications. 

Regarding HB 300, Hollenbaugh said, the Montana Board of Regents policy requires the Montana University System to “comply with NCAA regulations.” 

“Following a presidential Executive Order, the NCAA has revised the relevant regulations regarding trans athletes, neutralizing any MUS compliance issues with HB 300,” Hollenbaugh said.

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Surprise development for California couple ordered to demolish cabin built on their stunning Montana land

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Surprise development for California couple ordered to demolish cabin built on their stunning Montana land


In a surprising twist, a federal judge has ruled in favor of a California couple fighting orders to destroy their stunning, half-built cabin within a Montana national park, allowing them to keep the property intact.

John and Stacy Ambler’s half-built abyss, located on a 2,300-square-foot slab of land near McDonald Creek in Glacier National Park, has been at risk of demolition ever since several residents filed complaints with the Flathead Conservation District (FCD), SFGate reported.

After several back-and-forth lawsuits, federal judge Kathleen DeSoto ruled in favor of the San Diego couple in February, asserting that the FCD has no jurisdiction over the property, as it is located within a national park and therefore, falls under federal jurisdiction. 

However, in the latest chapter of the ongoing battle, both the FCD and Friends of Montana Streams and Rivers have filed an appeal, arguing that they have a case to reverse the judge’s decision.

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‘Flathead Conservation District has a statutory duty to protect the natural resources within our district,’ Samantha Tappenbeck, a district resource conservationist, told SFGate.

‘So, the Flathead Conservation District Board of Supervisors decided to appeal the decision in service to the constituents of our district, and because the board felt that there were appealable issues.’ 

The Amblers’ began building their three-story, lush Montana home in late 2022 and early 2023, where they laid a concrete retaining wall into the steambank and installed rock footers into the bank to build a deck. 

Yet the couple’s construction project kickstarted local drama, as residents of the West Glacier area complained that the home was clearly visible to both park visitors and neighbors alike, the Flathead Beacon reported.

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John and Stacy Ambler’s (pictured) half-built abyss, located on a 2,300-square-foot piece of land near McDonald Creek in Glacier National Park, has been at risk of demolition after several residents filed complaints with the Flathead Conservation District (FCD)

In a surprising twist, a federal judge has ruled in favor of a California couple fighting orders from two Montana organizations to destroy their stunning cabin, allowing them to keep the property intact

In a surprising twist, a federal judge has ruled in favor of a California couple fighting orders from two Montana organizations to destroy their stunning cabin, allowing them to keep the property intact

After several back-and-forth lawsuits, federal judge Kathleen DeSoto ruled in favor of the San Diego couple in February, asserting that the FCD has no jurisdiction over the property, as it is located within a national park and therefore, falls under federal jurisdiction

After several back-and-forth lawsuits, federal judge Kathleen DeSoto ruled in favor of the San Diego couple in February, asserting that the FCD has no jurisdiction over the property, as it is located within a national park and therefore, falls under federal jurisdiction

The complaints caught the attention of the FCD, who then preformed an onsite inspection of the Ambler home.

Following the inspection, the district claimed that the couple had violated the state’s Natural Steambed and Land Preservation Act (NSLPA), better known as the 310 law.

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Their reasoning was based on the belief that the home had been illegally constructed without any of the necessary permits. 

The 310 law states that any private individual or entity proposing work in or near a stream that ‘physically alters or modifies the bed or immediate banks of a perennial-flowing stream’ must obtain approved permits from the local conservation district, the Flathead Beacon reported. 

However, the couple claim they were given permission by Flathead County’s Planning Office, which told them they could do ‘whatever they wanted with the land without restriction’ as the land is in an un-zoned area, according to Hungry Horse News.

The Park Service, a federal organization, did allow the Amblers to connect to the Apgar water and sewer systems. 

Nevertheless, the District’s Board of Supervisors ultimately ruled that the couple must tear down the half-built home and repair the steambed before April 1, 2024.

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However, the couple instead filed lawsuits in both state and federal courts, arguing that the District abused its authority.

Both the FCD and Friends of Montana Streams and Rivers have filed an appeal, arguing that they have a case to reverse the judge's decision

Both the FCD and Friends of Montana Streams and Rivers have filed an appeal, arguing that they have a case to reverse the judge’s decision

The Amblers' began building their three-story, lush Montana home in late 2022 and early 2023, where they laid a concrete retaining wall into the steambank and installed rock footers into the bank to build a deck

The Amblers’ began building their three-story, lush Montana home in late 2022 and early 2023, where they laid a concrete retaining wall into the steambank and installed rock footers into the bank to build a deck

The couple's construction project kickstarted local drama, as residents of the West Glacier area complained that the home was clearly visible to both park visitors and neighbors alike which prompted an onsite inspection conducted by the FCD

The couple’s construction project kickstarted local drama, as residents of the West Glacier area complained that the home was clearly visible to both park visitors and neighbors alike which prompted an onsite inspection conducted by the FCD

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The California natives don’t believe the District has any jurisdiction over their land and property because it’s located inside the national park and is on an inholding, which is private land that predates the creations of the park in 1910.

They also claim the property is apart of Apgar, a small, private village in the park that was created in 1908.

The District accused the Amblers’ of trying to find the gray area, as they claimed Montana has no jurisdiction over the plot of land because it’s inside a national park, which is federally protected, but also claimed the feds don’t have access because it’s on private land. 

However, the District claimed that state and local laws still pertain to private land, regardless of where it is located, including in Glacier National Park. 

The couple, however, argued Montana gave the rights to the land to the US when they handed over the land, which ‘cedes jurisdiction,’ their lawyer Trent Baker said, according to Hungry Horse News. 

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The core of the organization’s arguments is that the home’s location within the boundaries of Glacier National Park does not exempt it from adhering to Montana’s state laws, particularly the Montana Natural Streambed and Land Protection Act (NSLPA). 

On the contrary, the couple argued that the Steambed Act was not passed until 1976, and therefore Montana’s state laws could not be recognized federally, according to SFGate. 

The couple also said that the national park is the entity to govern private inholdings, stating that the FCD ‘cannot unilaterally reassert jurisdiction over lands to which the State of Montana long ago ceded jurisdiction to the United States,’ Flathead Beacon reported.

Following the inspection, the district, which enforces the state's Natural Steambed and Land Preservation Act (NSLPA), or better known as the 310 law, stated that the couple had violated the law - their reason being the home illegally being constructed without any of the necessary permits

Following the inspection, the district, which enforces the state’s Natural Steambed and Land Preservation Act (NSLPA), or better known as the 310 law, stated that the couple had violated the law – their reason being the home illegally being constructed without any of the necessary permits

The San Diego couple believes the District lacks jurisdiction over their land and property because it's located inside the national park and is on an inholding - which is private land that predates the creations of the park in 1910 - and instead filed lawsuits in both state and federal courts

The San Diego couple believes the District lacks jurisdiction over their land and property because it’s located inside the national park and is on an inholding – which is private land that predates the creations of the park in 1910 – and instead filed lawsuits in both state and federal courts

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Samantha Tappenbeck, a district resource conservationist, told SFGate in regards to the appeal: 'Flathead Conservation District has a statutory duty to protect the natural resources within our district'

Samantha Tappenbeck, a district resource conservationist, told SFGate in regards to the appeal: ‘Flathead Conservation District has a statutory duty to protect the natural resources within our district’

In Desoto's order, she wrote that the arguments 'go beyond the scope of the sole claim asserted in the complaint... that FCD lacks jurisdiction over the Ambler property, and that the Streambed Act does not apply'

In Desoto’s order, she wrote that the arguments ‘go beyond the scope of the sole claim asserted in the complaint… that FCD lacks jurisdiction over the Ambler property, and that the Streambed Act does not apply’

‘The only issue in this case is federal versus state jurisdiction over the Amblers’ property,’ Trent Baker, the pair’s attorney, wrote in the summary judgement, according to the outlet.

In Desoto’s order, she wrote that the arguments ‘go beyond the scope of the sole claim asserted in the complaint… that FCD lacks jurisdiction over the Ambler property, and that the Streambed Act does not apply.’ 

For the appeals to proceed in court, attorneys from both organizations must submit their briefs by May 28.

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Officials of Glacier National Park have previously said they were working with the US Department of the Interior attorneys to determine whether they will join the suit, SFGate reported.

The Amblers’ did not immediately respond to DailyMail.com for comment. 



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Montana

Welcome to Bozangeles!

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Rethinking Rural


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March 27, 2025

The greater Bozeman, Montana, region has become ground zero for rampant luxury development that is taking the “public” out of public lands.

The Crazy Mountains in Bozeman, Montana.(Education Images / Universal Images Group via Getty Images)

It’s a breezy afternoon, and Keegan Nashan is standing on a county road in Clyde Park, Montana, yelling at golfers: “No one wants you here, even if they’re smiling while they’re serving you.” With the aim of further annoying them, she’s set up bluetooth speakers that blare “Rednecker Than You” on auto-replay.

These are no ordinary golfers. They are individuals who have paid seven figures to join the ultra-elite Crazy Mountain Ranch, an invitation-only club that promises an experience that “truly embodies the nature & spirit of Montana.”

Nashan, 31, was born and raised in Livingston, a small town near Bozeman. She’s watched for decades as out-of-state investors have acquired public and private lands and developed them into gated communities and exclusive resorts for some of the richest people in the world.

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It began, in 1997, with the Yellowstone Club, a “mountain sanctuary” where billionaires ski, golf and build 8,000 square foot second, third, and fourth homes. The land rush has continued apace, with Boston-based Cross Harbor Capital Partners purchasing the18,000-acre Crazy Mountain Ranch in 2021.

“Cross Harbor basically owns Big Sky,” Nashan told me. “I’m worried for the culture of this place.” (Big Sky is an unincorporated area bordering Bozeman that, by Nashan’s count, boasts at least 30 private ranches or high-end resorts).

She’s right to worry. Montana is a checkerboard of public lands surrounded by private parcels. Prior to the luxury development boom, most private landowners allowed public access to adjacent public lands. But today, many of those trails are obstructed with locked gates and “no trespassing” signs. Longtime residents, who trace their roots back five generations (for Crow Indians, even longer), are suddenly unable to enter the places they’ve walked, hunted, fished, foraged, and prayed in their whole lives.

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Kal Munis, a political scientist at Auburn University, spent his childhood on the public lands of western Montana, sometimes for fun, sometimes out of necessity. “When the mine [where his father worked] shut down, we suddenly had to get our dinner from the creeks and the hills.” To this day, Munis says, it’s not uncommon for working-class Montanans to provide for themselves by hunting and fishing on public lands. When their access is suddenly blocked, that is no small problem.

Sustenance aside, families like Munis’s didn’t take vacations to Disneyland; their leisure time was spent picking huckleberries, camping, and fishing on public lands and on private ranches whose longtime owners customarily allowed locals access. Today, many of those ranches have been sold off to resort developers and wealthy urbanites eager to live the Montana dream… in seclusion. “These places become the king’s forest, and the commoners don’t get to go in the king’s forest,” Munis says.

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What most Americans probably don’t even realize (including me until I looked it up last week) is this: Forty percent of the United States is public land with even higher proportions in Montana and several other Western states. Federal land cannot be sold off—at least, not easily—but there’s nothing to stop it from being encircled by private parcels that keep the public out. , Meanwhile, Interior Secretary Doug Burgum, a real estate magnate whose net worth has been estimated at $100 million, has suggested opening up federal lands to fossil fuel extraction—or selling them off altogether.

Montana state legislator Jane Weber worries that the Trump administration will turn federal public lands over to the state of Montana and that those lands will eventually be sold off to private developers. Weber, a forester by profession, says the state lacks the funds and expertise to manage vast tracts of land for wildfire and logging. She predicts that, once the state belatedly concedes its incompetence, it will sell the land to wealthy outsiders, “and we the public are going to lose our land.”

Weber also worries about the loss of grazing and farmland, as private ranches adjacent to national forests are bought and converted into private hunting grounds. Between 2017 and 2022, 10 percent of the state’s farms and ranches disappeared. 93 percent of those farms were family owned and operated. Given the volume of grains, beef, oilseeds, and legumes Montana supplies the nation, this trend is something that ought to concern everyone.

Weber bemoans the irony of Montana being gentrified by affluent urbanites charmed by the state’s beauty and lifestyle—only to start demanding upscale housing and amenities upon arrival. A prime example is The Ranch at Rock Creek, a once-upon-a-time working cattle ranch that now invites guests to “channel the pioneer spirit that encouraged our homesteaders to ascend the next peak.” In addition to their $6,500 a night stay in a tricked-out horse stable, guests can pay $300 for a “Sapphire hydration wrap,” just like ye olde homesteaders used to enjoy.

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As gentrification and gentri-vacation drives up housing costs and transforms the culture, locals are plenty mad.

Which brings us back to Keegan Nashan. “I do this because I’m mad. I always wanted to build a home and raise a family here, but with housing prices what they are now, that’s no longer feasible for me or people who grew up here. I’m not anti-development, and I don’t begrudge people for wanting to come here, but we need somewhere to live.”

Montanans are fired up. They’ve got bumper stickers on their pickups telling the Yellowstone Club and Crazy Mountain Ranch to fuck themselves. Some of them stand on the same county road Nashan does holding shotguns. On March 8, a thousand protesters rallied for public lands in Missoula, drawing attention to an issue that is seldom on the national radar screen, even as DOGE savages public lands workforces.

Resentment against capitalist destruction of Montanans’ natural heritage cuts across partisan lines. Rural residents value public lands even more than urban folks do, according to a 2021 survey conducted by Munis and Zoe Nemerever. Democrats and Republicans are equally supportive of public lands, although those who identify as “strong Democrats” are actually less supportive. And unlikely coalitions of ranchers, environmentalists, and “hook and bullet” advocacy groups like Backcountry Hunters & Anglers have banded together to challenge developers and sue them over environmental degradation and obstruction of public access.

It’s not only the opposition that’s bipartisan—it’s the problem itself. A recent Crazy Mountain Ranch land swap was approved by the Forest Service under Biden. Such swaps may look fair on paper but are often lopsided, with the private party trading relatively barren, depleted acres for more valuable, resource-rich land that is then degraded by development.

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John Sullivan, former chair of the Montana chapter of Backcountry Hunters and Anglers slammed the Crazy Mountain land swap: “We are deeply disappointed that the Forest Service has caved to big money and their never-ending goal to lock the public out of public land. Despite overwhelming public opposition from everyday Montanans, the USFS bent the knee to the wealthy and rewarded the illegal actions of landowners who have for years sought private enclaves of extremely valuable public land.”

For longtime Montanans, public land is a priceless treasure, their natural heritage inscribed in the ground they walk upon, the waters that run through it, and the bounty of plants and animals the land sustains. But to investors, developers, and too many politicians, land is nothing more than numbers on a balance sheet. And so does Montana become the king’s forest while the commoners stand on the edges and yell.


Donald Trump’s cruel and chaotic second term is just getting started. In his first month back in office, Trump and his lackey Elon Musk (or is it the other way around?) have proven that nothing is safe from sacrifice at the altar of unchecked power and riches.

Only robust independent journalism can cut through the noise and offer clear-eyed reporting and analysis based on principle and conscience. That’s what The Nation has done for 160 years and that’s what we’re doing now.

Our independent journalism doesn’t allow injustice to go unnoticed or unchallenged—nor will we abandon hope for a better world. Our writers, editors, and fact-checkers are working relentlessly to keep you informed and empowered when so much of the media fails to do so out of credulity, fear, or fealty.

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The Nation has seen unprecedented times before. We draw strength and guidance from our history of principled progressive journalism in times of crisis, and we are committed to continuing this legacy today.

We’re aiming to raise $25,000 during our Spring Fundraising Campaign to ensure that we have the resources to expose the oligarchs and profiteers attempting to loot our republic. Stand for bold independent journalism and donate to support The Nation today.

Onward,

Katrina vanden Heuvel

Editorial Director and Publisher, The Nation

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