Montana

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

Published

1 year ago

January 4, 2025

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.

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.

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.

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 Lottery Powerball, Lotto America results for March 4, 2026

Published

12 hours ago

March 5, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 4, 2026, results for each game:

Winning Powerball numbers from March 4 drawing

07-14-42-47-56, Powerball: 06, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from March 4 drawing

33-38-39-47-51, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from March 4 drawing

01-07-08-27, Bonus: 12

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from March 4 drawing

05-10-26-53-59, Powerball: 06

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from March 4 drawing

03-04-06-08-10

Check Montana Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 4 drawing

12-13-36-39-58, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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University of Montana president job draws high interest • Daily Montanan

Published

1 day ago

March 4, 2026

Press Room

University of Montana president job draws high interest • Daily Montanan

The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.

“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.

In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.

Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.

Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”

The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”

In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:

Community member and former Regent Joyce Dombrouski
Faculty Senate Chairperson Valerie Moody
Staff Senate President Dominic Beccari
Administration Representative John DeBoer (Vice President of Academic Affairs)
ASUM (Associated Students of the University of Montana) President Buddy Wilson

Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.

Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.

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Montana Supreme Court allows ballot measure on initiative process to move forward

Published

2 days ago

March 4, 2026

Press Room

Montana Supreme Court allows ballot measure on initiative process to move forward

HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.

Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.

“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.

Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”

Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.

“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”

Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.

Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.

In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.

“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”

The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.

However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.

“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.

Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.

“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”

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