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Montana Supreme Court backs youth plaintiffs in groundbreaking climate trial

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Montana Supreme Court backs youth plaintiffs in groundbreaking climate trial


The Montana Supreme Court voted 6 to 1, affirming a lower court ruling that said the state’s fossil fuel friendly policies, along with a lack of action to address climate change, has violated the young people’s constitutional right to a clean environment. The decision means that state agencies must now consider the greenhouse gas emissions and climate impacts of any proposed development project.

Olivia Vesovich is one of the youth plaintiffs. She’s been involved with this case for the last 5 years.

“Hope is something we work towards, and that is what this case has been,” said Vesovich. “We have fought to have our voices heard. We have fought to have our case in the state and now that we got our voices heard by the Montana Supreme Court.”

Statements from the Governor and Attorney General’s spokespeople reiterated their arguments from the appeal that the young people lacked standing to bring this case and that climate change is beyond the scope of the courts.

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Republican lawmakers called the decision an overstep from the court into the legislature’s role. Democratic leadership praised the decision. Environmental groups heralded the decision as a critical victory in the fight against climate change.

Montana is one of 6 states with environmental protections enshrined in its constitution.

Columbia University climate change law professor Michael Gerrard says although this ruling is specific to Montana, it sets an important precedent for other climate litigation.

“I think this kind of victory will embolden youth plaintiffs and others to bring similar cases in other parts of the country, and here the trial court, now referred by the state Supreme Court, upheld all the findings of the climate scientists. It’s going to be increasingly hard for anyone to challenge those scientific findings,” said Gerrard.

Given that the case is predicated on Montana’s Constitution, this ruling is the final decision. It cannot be appealed to a federal court.

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The Top 10 Daily Montanan stories for 2024 • Daily Montanan

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The Top 10 Daily Montanan stories for 2024 • Daily Montanan


We’re not certain if it’s a good thing or a bad thing, but the staff at the Daily Montanan had a lot of discussion about what stories belong on the Top 10 story list, and which ones didn’t make the cut.

Translation: It was a very newsy year, and Montana was part of many larger stories, from its unparalleled and turbulent election cycle that began even before the calendar turned to “2024” to the effects of climate change and the Held trial, which was part of 2023, and played a very big role recently.

Every year, news organizations compile these lists, and every year, people point out something they didn’t like; or something we missed; or argued about our rankings. That is part of what it means to read and consume news: Asking the questions about what all of this means, and how it will affect your household. Regardless of what you think about our list and our rankings, we’re glad you’re here.

And now, in the waning moments of 2024, are the Daily Montanan’s Top 10 stories as chosen by the staff:

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Montana will have a new Senator

Montana’s senior Senator, Jon Tester, a self-proclaimed “dirt farmer” from Big Sandy sought his fourth term in the U.S. Senate. He also had the distinction of being the only Democrat elected statewide. Previous elections had all been tightly contested. During his four elections, he took only 50% or more of the vote once, while running against Rep. Matt Rosendale in 2018. Political neophyte Tim Sheehy was a hand-picked selection by Montana’s other senator, Steve Daines, a Republican who was leading the Senate’s Republican election efforts. Though Tester outperformed many Democrats on a state and national level, he was soundly defeated by Sheehy who had capitalized on an increasingly conservative trend in Treasure State politics.
Montana Republican U.S. Senate candidate Tim Sheehy and former President Donald Trump at a rally in Bozeman on Aug. 9, 2024. (Photo by Blair Miller, Daily Montanan)

But Sheehy was not without problems on the campaign trail. Not only did the race bring in as much as $350 million to the state of just 1.2 million people, it also brought intense media scrutiny of Sheehy’s background, including many questions that have never been completely answered. Those rumors were far-ranging and spotlighted in national media, far beyond the state’s borders. Those included questions of a bullet wound in Glacier National Park, a financially distressed company, more questions about military training in Glacier, and allegations of plagiarism in a book meant to introduce himself as a pilot, soldier and firefighter. Sheehy also ducked and dodged much of the media, speaking to carefully curated audiences. Leaked audio of some of those speeches included disparaging remarks about Native Americans and insulting comments about women.

2. Montana Supreme Court says ‘clean and healthful environment’ means what it says

Back in 2020, 16 Montana youths sued then-Gov. Steve Bullock, the state and several state agencies alleging violations of their constitutional right to a “clean and healthful environment.” Last summer, the lawsuit was heard in
Most of the Held v. Montana plaintiffs and their attorneys pose outside the courtroom for photos halfway through the trial.
Most of the Held v. Montana plaintiffs and their attorneys pose outside the courtroom for photos halfway through the trial. (Photo by Blair Miller, Daily Montanan)

a Helena District Court, grabbing headlines around the world as the first climate change trial of its kind. Following seven days of testimony from the youth and expert witnesses, Judge Kathy Seeley ruled in favor of the plaintiffs, saying they have a “fundamental right to a clean and healthful environment, which includes climate as part of the environmental life support system.”

The state immediately appealed the decision to the Montana Supreme Court, which heard oral arguments over the summer. The court’s 6-1 decision was released on Dec. 18, affirming the district court’s opinion and explicitly stating that Montana’s greenhouse gas emissions are “proven to be a substantial factor in causing climate impacts to Montana’s environment, and harm and injury to the youth plaintiffs.” The opinion of the court’s majority emphasized that Montana’s constitution contains some of the strongest, all-encompassing environmental protections in the nation. The court also found a Montana law limiting analysis of greenhouse gas emissions during environmental reviews to be unconstitutional.

3. Knudsen is found guilty on ethics charges, will be suspended

More than three years after two attorneys filed ethics grievances against Republican Attorney General Austin Knudsen and his deputies alleging he committed misconduct while representing the Legislature in a fight with the Supreme Court and court administrator regarding subpoenaed judiciary emails, Knudsen faced a Commission on Practice panel during a two-day hearing in October to determine if he would face any discipline from the commission and Montana Supreme Court.

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Montana Attorney General Austin Knudsen listens to a witness at his Commission on Practice disciplinary hearing on Oct. 9, 2024. (Photo by Blair Miller, Daily Montanan)
Montana Attorney General Austin Knudsen listens to a witness at his Commission on Practice disciplinary hearing on Oct. 9, 2024. (Photo by Blair Miller, Daily Montanan)

The Office of Disciplinary Counsel had charged Knudsen with multiple legal ethical violations in a 41-count complaint, while Knudsen’s attorneys told the commission panel that Knudsen had either made or agreed to sign off on statements from his deputies simply because he was rigorously defending his client, the Legislature.

But the panel sent down a recommendation that the Supreme Court suspend Knudsen from practicing law for 90 days because of his conduct in 2021 and 2022. Montana’s attorney general must be an attorney in good standing with the State Bar, and a suspension would in theory prohibit Knudsen from doing his job if the Supreme Court agrees that is the discipline that should be handed down.

Knudsen, who handily won re-election in November to another four years in office, is appealing the recommendation to the Supreme Court and has until the end of the day on Monday, Jan. 6 – also the first day of the 2025 legislative session – in order to file his objection to the recommendations.

4. Constitutional initiative that will enshrine abortion passes handily

Montanans voted 58% to 42% in November to pass Constitutional Initiative 128, which enshrines abortion protections in Montana’s Constitution and keeps a person’s medical decisions regarding abortions protected from government interference at least until a fetus is viable. Montanans Securing Reproductive Rights, the consortium of organizations that ran the initiative, called the measure’s broadly supported passage a “consequential day” for Montana because the measure will add new language protecting abortion rights to the constitution in addition to the long-held state Supreme Court precedent from 1999 that said Montana’s right to privacy includes a right to abortion.

Signs supporting and opposing CI-128 in front of the Lewis and Clark County Fairgrounds polling location on Nov. 5, 2024. (Photo by Blair Miller, Daily Montanan)
Signs supporting and opposing CI-128 in front of the Lewis and Clark County Fairgrounds polling location on Nov. 5, 2024. (Photo by Blair Miller, Daily Montanan)

The measure was one of several run in different states during the general election, as groups sought to put abortion protections into state constitutions in the wake of the Dobbs U.S. Supreme Court decision that undid Roe v. Wade protections and put the question of abortion legality into the hands of each state government. Montanans Securing Reproductive Rights faced hurdles throughout the process of even getting the language finalized and out for petition, as Attorney General Austin Knudsen and Secretary of State Christi Jacobsen challenged the language and initiative process for the measure before the Montana Supreme Court allowed the measure to go out for signature gathering.

Despite opposition groups running an anti-128 campaign during the signature gathering phase, proponents ended up submitting a state record 117,000 signatures from all 56 counties, and after verification by the counties, the measure was certified for November’s ballot – one of three constitutional amendments Montanans voted on this year.

The measure is set to take effect July 1, 2025, but abortion providers and others working to help people obtain and pay for them said earlier this month they still have concerns that the Republican-led Legislature and Gov. Greg Gianforte will try to undermine and get ahead of the measure taking effect by seeking to pass more laws to restrict abortion access and other reproductive medical care where possible.

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5. Rosendale jumps in, out and away

For two-term U.S. Rep. Matt Rosendale, whose district spanned central and eastern Montana, it was no secret that he wanted a rematch of the 2018 Senate race in which Tester beat him, despite former and future President Donald Trump making several visits to Big Sky Country to defeat Tester. But it appeared that the Senate Republicans had
Montana Rep. Matt Rosendale before going on a broadcast on Newsmax on March 3, 2022 (Photo credit via Rep. Matt Rosendale).

other ideas as Rosendale’s time in Congress’ lower chamber had earned him a reputation of being an ultra-conservative firebrand who wasn’t afraid to characterize some Republican leaders, including minority leader Mitch McConnell, as part of a swamp and cabal. That led Daines to pick Sheehy, who ultimately received the endorsement of Trump.

Undeterred, Rosendale filed to run against Sheehy in the Senate, touring the state with fellow House firebrand Matt Gaetz, R-Florida, who resigned to become Trump’s pick for U.S. Attorney General, but then had to bow out after damning reports of sexual conduct with minors. Rosendale’s bid to beat Sheehy was short-lived — six days — after rumors swirled around Rosendale’s conduct, which lasted briefly. Rosendale then announced he’d continue to seek election for his current Congressional seat, but as rumors persisted, Rosendale quickly withdrew from the race, opting not to run at all, becoming a lame-duck for nearly a year. Meanwhile, Republican state auditor Troy Downing took out a crowded primary field to win the very, very Republican district, replacing Rosendale — the same man he’d replaced as auditor four years ago.

6. St. Marys siphon disaster

For 110 years, the St. Mary Canal has diverted water from the St. Mary River to the North Fork of the Milk River, delivering drinking water to 18,000 people and irrigating more than 700 farms. In June of this year, two 90-inch riveted steel barrels in the St. Mary river siphon failed, causing extensive damage from local flooding and erosion. An emergency authorization through the Bureau of Reclamation allowed repairs to begin immediately, but the total cost of the project is estimated at around $90 million.

7. Problems with Medicaid as rolls cut

This year saw the official end of a massive undertaking to review the eligibility of Montanans enrolled in Medicaid, but not the end of the problems related to redetermination, or “unwinding.”

During the Covid-19 pandemic, the federal government declared a public health emergency, and it generally prohibited states from cutting off most people from insurance through Medicaid.

Photo illustration by Getty Images.

On April 1, 2023, states could start terminating people again based on eligibility, and Montana released a final report on “Medicaid Unwind” this summer.

The report said the Department of Public Health and Human Services assessed eligibility for 280,180 individuals, and of those, 51% were renewed, 41% were disenrolled and 8% were still pending.

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The health department said the number of people who remained enrolled in Medicaid wasn’t far off from the number of people it had projected.

However critics pointed out that 64% of people who lost coverage did so for procedural reasons, such as botched paperwork, and the American Academy of Pediatrics found Montana had the highest portion of children who lost coverage in the U.S. from April through December 2023, a 26.6% loss based on federal data.

Nursing homes saw delays in reimbursements related to both redetermination and new applications, and at one point, late payments totaled $8.8 million for 25 nursing facilities, according to the Montana Health Care Association.

Charlie Brereton, head of the health department, said redetermination revealed some cracks in the public assistance delivery system — ones his agency pledged to address.

8. Property taxes become one of the biggest issues in the state’s affordable housing crisis

The portion of property taxes coming from residential payers has increased from 51% in 2023 to 59% this year, and just last month, Montana lawmakers heard property taxes could jump again.

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(Screenshot from a chart in a Montana Department of Revenue presentation.)

The sticker shock from a huge increase after the 2023 session led to legal fights and finger pointing in 2024.

At a meeting in November, the Department of Revenue told lawmakers that market values are expected to increase 21% for the 2025 reappraisal cycle, but payments could be offset by reducing the assessment rate.

A Republican-controlled Montana Legislature didn’t take that step in 2023, and homeowners faced a 21% median property tax increase.

Gianforte proposed rebates to help, although those $675 payments in 2024 and 2023 brought their own package of criticisms, including that renters were left out.

The governor, though, also formed a task force to figure out a solution to property taxes, and proposals are headed to the 2025 Montana Legislature.

In the meantime, at least one lawsuit that estimates residential property taxpayers have been overcharged more than $100 million is still pending.

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9. GOP sweeps most state offices, but Dems break a supermajority

In November, Montana turned a new shade of red amid record voter turnout. 

Voters ousted Democratic U.S. Sen. Jon Tester, meaning Montana has an all-GOP Congressional delegation. U.S. Rep. Ryan Zinke will head back to the House, and incoming Rep. Troy Downing will join him. In the U.S. Senate, political newcomer and Sen.-elect Timothy Sheehy will join soon-to-be senior Sen. Steve Daines.

The five-member Montana Public Service Commission and all statewide elected offices remain all Republican, and Republican Gov. Greg Gianforte coasted to re-election to lead Montana for a second term.

In the legislature in 2023, Republicans strutted their supercontrol of the Montana Legislature, but redistricting cut into their margin this time around. In 2025, the GOP still will have majority control, but not a veto proof one.

10. MHP investigation shows massive problems with leadership, morale

A deep division between Attorney General Austin Knudsen and the Montana Highway Patrol division revealed itself this year.

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(Provided by the Montana Highway Patrol social media feed on Facebook.)

A workplace climate survey showed troopers don’t have a lot of faith in Knudsen’s leadership, and financial reports show a high vacancy rate persists at the Highway Patrol.

The Attorney General’s Office tried, unsuccessfully, to keep the survey results under wraps.

Survey participants and top leaders who left the Highway Patrol under Knudsen said the division is in turmoil under Knudsen. They alleged the Attorney General’s Office micromanages the agency and improperly uses human resources.

At least a couple of related complaints are pending.

One filed by the Montana Federation of Public Employees alleged retaliation and wrongful termination of a trooper. Another, filed in district court by the former head of the Highway Patrol, also alleges wrongful termination and forced resignation.

The Attorney General’s Office has denied the allegations.

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Listen to Llew – public trust funds make good sense • Daily Montanan

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Listen to Llew – public trust funds make good sense • Daily Montanan


A widely published column by Rep. Llew Jones, who will chair the House Appropriations Committee in the coming legislative session, deserves serious attention by Montanans and our legislators. Why? Because Jones, R-Conrad, is breaking with 50 years worth of Republican opposition to establishing trust funds for state government. He says they make good sense for the state, the taxpayers, and the future — and he’s right.

The history of trust funds in Montana is long, starting with the 1972 Constitution’s establishment of both the Permanent Coal Tax Trust Fund and the Resource Indemnity Trust as well as the Public School Fund. In 2005 citizens voted to add the Noxious Weed Management Trust Fund to the Constitution.

These funds are protected so they cannot be ripped off by any given legislature to balance the budget in a fiscally tight year. It requires a three-fourths vote of both chambers of the legislature to bust the Coal Tax Trust, while the Resource Indemnity Trust “shall forever remain inviolate in an amount of $100,000,000.” Likewise the Public School fund “shall forever remain inviolate.”

The revenue for these trusts come from a variety of sources. The Constitution mandates “at least 50%” of the coal severance tax is dedicated to the Coal Trust. The Resource Indemnity Fund comes from “taxes on the extraction of natural resources.” The School Fund comes from revenue derived from school trust lands.

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These trusts make sense because the funds are invested and earn interest that can be spent on the various purposes for which they were established — revenue that, as Jones pointed out, is from earned interest and has accomplished enormous, long-term good for our state and citizens.

What makes Jones’ support for more trusts exceptional is the break with past GOP opposition, primarily because Republicans have long sought smaller government, primarily by “starving the beast” through tax reductions. And indeed, they went well beyond that by continually trying to bust the Coal Trust throughout the ’80s.

Nor were they alone, as Democratic Gov. Ted Schwinden tried to use the Resource Indemnity Tax, which is meant to fund reclamation activities, for purposes of general government. He failed thanks to opposition from an “unholy alliance” of oil, gas, and hard-rock mining industries on which the tax was levied and environmentalists who wanted the thousands of historic mining and toxic waste sites throughout the state reclaimed.

Given that the Republicans are now completely in charge of Montana, the onus to deal with the plethora of needs falls entirely on them. It’s one thing to rail against government when the Democrats were in charge, quite another to deal with the realities of running a state when you own the Legislature, the executive, and the entire Congressional delegation.

Indeed, what Jones is suggesting is a proven method of producing revenue without continuous tax increases and should be “used for roads, bridges and water systems.”

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He’s right, but as the quickly escalating impacts of the climate crisis hit Montana, we should establish an Instream Flow Trust to buy or lease water rights to keep our rivers flowing. Instream flows are critical for wild trout, but also provide the dilution for municipal and industrial discharges. Without dilution we just get pollution — and the consequences are stacking up — from the neon green Gallatin downstream from Big Sky to the algae covered bottom of the Smith River and the chronically-dewatered Big Hole.

Jones is right and the Legislature should listen to Llew and establish new trust funds to address new issues, with water quantity and quality being right at the top of the list.



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Montana Lottery Lucky For Life, Big Sky Bonus results for Dec. 26, 2024

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The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at Dec. 26, 2024, results for each game:

Winning Lucky For Life numbers from Dec. 26 drawing

09-10-12-30-47, Lucky Ball: 09

Check Lucky For Life payouts and previous drawings here.

Winning Big Sky Bonus numbers from Dec. 26 drawing

01-05-06-30, Bonus: 01

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Check Big Sky Bonus 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: 9:00 p.m. MT on Tuesday and Friday.
  • Lucky For Life: 8:38 p.m. MT daily.
  • Lotto America: 9:00 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: 8:00 p.m. MT on Wednesday and Saturday.

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

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Puerto Rico, Texas, Washington, D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

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Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

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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