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
EL PASO, Texas (KFOX14/CBS4) — A proposed high-voltage transmission project in far East El Paso is raising concerns among residents in the Montana Vista area, as developers work to determine a potential route that could impact private property.
The project, known as Pecos West, is being developed by Grid United and would create a high-voltage direct current (HVDC) transmission line connecting El Paso to southeastern New Mexico.
According to the company, the goal is to link major parts of the U.S. electric grid, specifically the Western and Eastern interconnections, allowing electricity to move in both directions between regions. Developers say the project could strengthen energy reliability, expand access to power markets, and help prevent outages during extreme weather.
Grid United also describes Pecos West as a multi-billion-dollar infrastructure investment that could bring jobs, tax revenue, and long-term economic benefits to communities along the route.
However, for residents in Montana Vista, the immediate concern is not the long-term benefits, but what the project could mean for their land.
At a community meeting Saturday morning, several residents were able to voice their concern, telling KFOX14/CBS4 they feel they have not received enough information about the project’s path or timeline, especially as discussions about a preliminary route continue.
“We haven’t got anything from you,” said Armando Rodriguez, president of the Montana Vista Landowners. “Not one quote.”
Others echoed concerns about communication, calling on the company to directly notify homeowners who may be affected.
“You need to go to these houses, give people information, and say this could affect you,” one resident said.
Grid United says the project is still in the planning and development phase, and no final route has been approved.
The company says construction would only begin after securing regulatory approvals and negotiating land agreements with property owners.
Company representatives also emphasized that landowner participation is voluntary.
“Pecos does not have eminent domain,” said Alexis Marquez, community relations manager for the project. “If a landowner does not want it on their property, we would look at alternate routes.”
Developers say outreach will continue as planning progresses, but residents are asking for more direct communication now, especially those who believe they could be directly impacted.
The project is not expected to be completed anytime soon, with Grid United estimating that Pecos West could become operational in the mid-2030s if approved.
For now, the conversation in Montana Vista reflects a familiar tension seen in large infrastructure project, balancing long-term regional benefits with local concerns about transparency, property, and community impact.
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EL PASO, Texas (KTSM) — Following widespread neighborhood concerns first reported by KTSM 9 News on Friday, residents of the Montana Vista area came face-to-face with developers of the proposed “Pecos West” transmission line project on Saturday morning, May 9 during a community meeting held at the Montana Vista Community Center.
The multi-million dollar project, spearheaded by power grid developer Grid United, aims to build a massive transmission line connecting the El Paso area to southeastern New Mexico.
While developers tout the project as a crucial link to prevent grid bottlenecks, families living in the path of the proposed line continue to voice mounting frustration and distrust over how the land acquisition is being handled.
On Friday, Grid United released a statement to KTSM insisting their one-on-one land negotiations were conducted out of respect for private property rights. But at Saturday’s community gathering, residents and advocates made it clear they aren’t buying it.
“People are afraid. I’m not afraid. I’m angry,” said Armando Rodriguez, president of the Union of Montana Vista Landowners, who previously said that developers had been quietly approaching his neighbors for months with varying buyout offers.
Only about a dozen residents and advocates attended the weekend meeting, but they loudly questioned why the company spent the past year approaching landowners individually rather than addressing the community as a whole.
During the exchange, project officials admitted they have already acquired about 50 percent of the properties in the impacted area. Grid United later clarified to KTSM that the exact number fluctuates frequently, just like the proposed route.
Community organizers argued that the company’s isolated approach leaves residents vulnerable and misinformed.
“When a company like this turns up and says, ‘We’re going to buy your property.’ We must ensure that community members understand that they have the right to say no, or that they have the right to negotiate a higher value,” said Veronica Carbajal, an organizer with the Sembrando Esperanza Coalition.
Carbajal highlighted that the lack of widespread notification and a standardized compensation formula is creating deep unease.
“They’ve already bought properties, but they have not established notification to every resident that will be impacted, nor have they set up a formula for compensation,” Carbajal said. “So what we can see online through the title transfers is that there is a very wide distinction between how much people are being paid. We don’t want the community to be divided. We also want people to understand that this is voluntary. They do not have to sell if they don’t want to.”
A major point of contention at Saturday’s meeting was the threat of eminent domain. Grid United explained that, as a private company, they do not possess eminent domain authority, insisting that if a landowner refuses to sell, the company will simply find an alternative route.
“At Pecos West we’re very landowner-first approach,” said Alexis Marquez, Pecos West community relations manager. “So if a landowner does not want (the transmission line) on the property, then we would find alternative routes.”
But Rodriguez remains highly skeptical that the developers would simply walk away from targeted plots.
“A corporation as big as you, a multi-million dollar corporation, I find it hard to believe that you would invest money into something this big and just walk away if the family said, ‘No, I don’t want to sell it,’” Rodriguez told officials during the meeting. “The question is: Are you really serious about what you’re saying here? Or is this just another dog and pony show?”
Project leaders conceded they need to adjust their efforts in engaging and informing the community, promising more meetings to come. However, residents emphasized that trust is currently broken and will only be rebuilt with concrete action.
El Paso County Commissioner Jackie Butler, who helped organize the meeting, said the County has no power to halt the proposed project, but she said she has been communicating with project officials and is trying to connect them with community advocacy organizations.
“I learned very quickly that the County does not have any authority or permitting process to stop these kinds of projects. And so that’s when I started connecting Pecos West to community members so that they could get directly involved,” Butler said. “My questions to Pecos West have been, Why do you have to come through our community? And even if you have to build through our region, you should go around it.”
Moving forward, the residents in attendance made it clear they do not intend to sell their property. They are demanding Grid United bring all impacted neighbors to the table as a collective before any more land is purchased.
If the project continues to move forward, construction is not expected to begin until the mid-2030s.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at May 8, 2026, results for each game:
Winning Mega Millions numbers from May 8 drawing
37-47-49-51-58, Mega Ball: 16
Check Mega Millions payouts and previous drawings here.
Winning Big Sky Bonus numbers from May 8 drawing
09-14-18-20, Bonus: 16
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from May 8 drawing
14-16-21-43-51, 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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