Montana
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.
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
A group of legal and civil rights organizations late Friday sued U.S. Immigration and Customs Enforcement over conditions at Camp East Montana in El Paso, the country’s largest immigration detention facility.
“Camp East Montana is nothing short of a civil rights catastrophe,” Kyle Virgien, senior staff attorney at the American Civil Liberties Union’s National Prison Project, said in a statement. “We’re suing to ensure that no other human being has to endure the inhumane treatment that the Trump administration has inflicted on our clients.”
The Texas Tribune has reached out to the Department of Homeland Security for comment.
Filed by the ACLU of Texas, the ACLU, the Texas Civil Rights Project and law firm Farella Braun + Martel, the federal lawsuit comes less than a year after the opening of the sprawling tent camp.
In that time, the facility has seen at least three detainee deaths, a measles outbreak and nearly 50 detention standards violations as reported by ICE’s own inspectors, prompting calls for the camp’s closure from immigrant advocates and Democratic lawmakers.
The civil rights groups behind the lawsuit also alleged in a December letter that detained immigrants were subject to medical neglect, physical and sexual abuse by officers, insufficient food and denial of meaningful access to attorneys. In March, ICE switched out the facility’s prime operator for a more experienced contractor, saying the agency would “work closely with them” to improve services, including higher standards of medical care. Still, in a subsequent letter to ICE dated May 22, the groups said the situation “continued to deteriorate” and outlined additional complaints such as hazardous dust exposure.
Friday’s lawsuit argues that conditions at the facility are “unconstitutional punishment” and violate detainees’ due process rights under the Fifth Amendment.
“These conditions are longstanding, pervasive, and well documented, and Defendants’ continued inaction in the face of known risks shows their deliberate indifference — not mere negligence — to detainees’ constitutional rights,” the lawsuit said.
The petition, filed on behalf of four detainees, is also seeking approval to proceed as a class action to cover all those who are currently or will be detained in Camp East Montana.
One of the plaintiffs is Gerald Akari Angye, a detained immigrant who called the conditions at the camp “inhumane and cruel.”
Prior to this lawsuit, the 35-year-old man had filed a petition in January seeking release from ICE detention. According to the filing, Angye was a high school teacher in Cameroon but fled after being kidnapped and tortured amid a separatist conflict. He sought asylum after crossing through a New Mexico port of entry in December 2024. An immigration judge later denied his application, and Angye appealed.
In a statement provided by the civil rights groups, Angye said he had been beaten at Camp East Montana and never thought he would face “such severely violent treatments” in the United States. He was also placed in solitary confinement for 15 days, according to the lawsuit.
“No one deserves such cruel treatment,” he said. “We are all humans and deserve to be treated like it.”
U.S. Rep. Veronica Escobar said in a statement to the Tribune that she is grateful for the legal fight. A leading critic of Camp East Montana, the El Paso Democrat called the facility “a purgatory for human beings held there.” She also vowed to continue her oversight visits and demand for the tent camp’s permanent closure.
Camp East Montana, first opened in August 2025, is located on Fort Bliss U.S. Army base.
Expected to ultimately reach a 5,000-bed capacity, the camp had a daily average of more than 2,500 detainees as of April 2, according to the most recent public data from ICE. The facility has also held the largest number of detained immigrants thus far in fiscal year 2026, the Transactional Records Access Clearinghouse at Syracuse University found.
“Camp East Montana is at the epicenter of the administration’s cruel deportation agenda,” Savannah Kumar, staff attorney at the ACLU of Texas, said in a statement.
Disclosure: ACLU Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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BUTTE, Mont. — The Sentinel Spartans are the kings of Montana AA baseball.
In the inaugural season of AA baseball in the Treasure State, Sentinel took the title by winning three games in two days at the State AA Tournament, culminating with a 6-3 championship game victory over the Gallatin Raptors.
“It’s tough to find words right now,” said Sentinel head coach Brian Moser. “It was pretty emotional celebrating with the guys. Just really happy for them. What an opportunity. They took advantage of it. Very proud of them. Very appreciative of everything they’ve done for me and Sentinel High School and Sentinel baseball. It’s a great night to be a Spartan.”
Junior Stellan Ridley was stellar for Sentinel, with two triples, two runs scored, and two runs batted in. Kaden Thennis added two hits, two runs, and an RBI while also drawing a hit by pitch. Owen Dale had a hit and a run batted in.
“We have a great mentality,” said Ridley. “I’m so proud of these young guys. As a junior and the seniors, leading us to this and showing how discipline works. We faced some chirpy people, and we just stayed with our level of the game and we performed, as you can see. We won the State Tournament!”
Each win for Sentinel in the tournament came in vastly different fashion.
The Spartans earned a nine-inning victory in their quarterfinal against Butte on Thursday, then came back from a 6-0 deficit after 4.5 innings in their Friday semifinal matinee against the Glacier Wolfpack. But on Friday night, in a game that started at 10 p.m. and ended at 12:08 a.m., Sentinel took an early lead and never trailed enroute to a victory over a Raptors team that had lost just one game all season.
“I had never played a game that late. Going from the early game, it was good that we had that little gap, we got to recuperate and take a solid power nap and come back out here with a lot of energy. Because if we came out flat, there was no way. But we came out with a lot of energy, and we stuck it to them. I mean, that team was good,” said Ridley of their hot start in the title game.
“Baseball is a funny game. There’s a lot of ways to win, there’s a lot of ways to lose. Just happy for the guys for sticking to it and never giving up.” said Moser. “Honestly, it takes a couple of lucky bounces here and there in a State Tournament, and we got those and took advantage. Beat a really, really good Gallatin team tonight. Just extremely proud.”
Gallatin managed to tie the game at 3 apiece in the fifth inning before the Spartans scored one in the sixth and two in the seventh, allowing freshman pitcher Lucas Johansson to earn the win and the save on the mound.
“It’s a big deal. 3 runs are way more than 1. It takes a lot of what the offense can do away. So those were huge, huge runs,” said Moser.
Johansson picked up two of the three wins in the tournament for Sentinel, while fellow freshman Paxson Onstot had the victory in the triumph over Glacier.
“I’m not going to say that’s how we drew it up, but that hopefully gives them confidence to come back next year ready to go,” said Moser. “We’ll have a target on our backs, but that’s okay. A lot of youth, it’s fun.”
Keaton Elliott tossed the first 4.1 innings of the title game for Sentinel, allowing just two hits, three earned runs, and five walks while striking out two.
The title marked the end of a remarkable turnaround for a Spartans team that started the season with a record of 5-7 before winning 10 of their last 11.
“(We got) absolutely shamed by our entire school (at assembly). It sat with me this whole time and I hated that. I just had so much drive,” said Ridley. “What are they going to say now?”
Wyatt Ford pitched a complete game for Gallatin, allowing three earned runs, five hits and a hit by pitch while striking out 10 on 103 pitches.
Ford and Louis Musial had the Raptors only two hits on the night, a triple and double, respectively, while Harvey Kimmel had two runs batted in.
Sentinel ends their season with a record of 15-8, while Gallatin concluded their campaign at 18-2.
“I think Gallatin came in here a little cocky. One loss the whole season, thinking they were going to probably roll us,” said Ridley. “No. We showed them up. Their eyes got big, and they realized we’re not a team to mess with.”
HELENA, Mont. — Montana counties have accepted enough signatures for Seth Bodnar, running for U.S. Senate and Michael Eisenhauer, running in Montana’s 2nd Congressional District, to be on the November ballot, although counts are still unofficial.
County election officials are continuing to verify signatures submitted by Tuesday’s deadline as part of the candidate petition process.
The Montana Secretary of State’s Office has not yet verified, certified or accepted the petitions, according to the Secretary of State’s office.
Counties must submit candidate petitions to the Secretary of State’s office by June 1.
The Secretary of State’s office will then conduct its “statutory review to ensure the petitions meet the necessary legal requirements under law.”
The deadline for the November general election ballot to be certified is Thursday, Aug. 20. By then, all qualifying candidates and any potential ballot issues that qualify for the general election will be officially certified.
The following was out by the Montana Secretary of State’s Office:
The attached report is unofficial. It includes totals that the county election officials have processed and entered in the system. These totals do not represent what the Secretary of State’s Office has received, reviewed, tabulated, or certified. The certified totals may differ from what is reflected.
Seth Bodnar, U.S. Senate
- 13,327 required
- 18,772 accepted
- 7,812 rejected
Kimberly Persico, MT-01
- 6,742 required
- 563 accepted
- 156 rejected
Michael Eisenhauer, MT-02
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- 7,274 required
- 7,754 accepted
- 4,720 rejected
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