Montana
Montana Supreme Court hears arguments on permit for Laurel power plant
HELENA — Wednesday in Helena, advocates made their case on whether the state correctly granted NorthWestern Energy a permit for their planned power plant near Laurel.
The Montana Supreme Court met before a full audience Wednesday morning, to hear oral arguments in a case that centers on whether the Montana Department of Environmental Quality did sufficient environmental analysis when approving an air quality permit for the Yellowstone County Generation Station – a 175-megawatt natural-gas-fired plant.
Jonathon Ambarian
Last year, a state district judge in Billings vacated the permit. It came after environmental groups challenged DEQ’s decision, saying the agency hadn’t taken the required “hard look” at issues like the plant’s greenhouse gas emissions and the impact of its lighting and noise on nearby residents.
During Wednesday’s arguments, DEQ and NorthWestern defended the permitting decision and called on the Supreme Court to reverse the district court ruling.
Shannon Heim, NorthWestern’s general counsel and vice president of federal government affairs, said greenhouse gases aren’t regulated the same way as other pollutants, so DEQ didn’t have authority to regulate them. Therefore, she argued the permit can’t be vacated simply because the department didn’t review their impacts.
“The DEQ could not, in the exercise of its lawful authority, deny the permit based on greenhouse gas emissions, because there are no legal standards for greenhouse gas emissions,” she said.
Jonathon Ambarian
Jenny Harbine, an attorney for Earthjustice, represented the plaintiffs – Montana Environmental Information Center and the Sierra Club. She argued DEQ is required to look more broadly at the possible impacts of a project, and that the emissions from the Laurel plant had to be considered in the context of the potential effects of climate change in Montana.
“Plaintiffs here are not criticizing the analysis that DEQ did do,” she said. “Our point is that there’s analysis that DEQ omitted.”
Harbine said plaintiffs are also concerned that, because the district court put a stay on its decision and NorthWestern was able to resume construction, they could begin operations without having had the full review plaintiffs believe is necessary.
Both sides in this case noted that the issues raised here overlap with those in Held v. Montana, the prominent climate change lawsuit that is also now before the Montana Supreme Court. In Held, a state district judge ruled that a law preventing regulators from considering greenhouse gas emissions in environmental reviews was unconstitutional. The 2023 Montana Legislature passed that law in response to the judge’s decision that vacated the permit for the Laurel plant.
Jonathon Ambarian
Jeremiah Langston, an attorney for DEQ, said the department had been planning to update its review in light of that law when it was blocked. He encouraged the Supreme Court to make its decision in Held and this case at the same time or somehow tie them together.
“It would be immensely helpful to DEQ to know what laws apply to its MEPA analysis for a project,” he said.
Harbine said Held gave an example of the broad impacts of the state’s policies on climate reviews, and this case provided a specific example.
“I would just urge that whether the issue is resolved in this case or in Held – or in both, which we think is most appropriate – that it be done in a manner that prevents the constitutional infringement that would be caused when that plant begins operating and emitting greenhouse gas emissions before those emissions have been studied by DEQ,” she said.
The Supreme Court generally takes no immediate action after an oral argument, and that was again the case Wednesday.
Jonathon Ambarian
After the hearing, the conservation group Northern Plains Resource Council held a rally at the State Capitol, saying the possible impacts of the Laurel plant’s emissions need to be taken into account.
Those in attendance chanted “Clean and healthful; it’s our right!” – referring to the Montana Constitution’s guarantee of a “clean and healthful environment.”
Mary Fitzpatrick, a Northern Plains member, said people in Laurel and downwind of the plant in Billings have concerns about the potential health effects. MTN asked her what she thought would have changed if DEQ had taken a closer look at the plant’s greenhouse gas emissions.
“It’s hard to say – you know, just listening to the arguments, I got the impression that, possibly, nothing – except that we would know,” she said. “You can’t manage or change what you don’t measure.”
John Hines, NorthWestern’s vice president of supply and Montana government affairs, said the company sees the capacity of the Yellowstone County Generating Station as critical to make sure they can keep serving customers when other resources aren’t available. He said solar and wind production tends to be more unreliable during extreme weather, and that the company will be forced to pay more to purchase power on the open market if it doesn’t have a on-demand generation facility like this.
“The bottom line is we have to have enough electrons and enough gas on our system to meet our customers’ needs when it’s critical weather – and, you know, we saw that in January when it was -45,” he said. “That’s our first obligation. And none of the groups who are throwing out alternative proposals have that responsibility.”
Hines said, if YCGS had been in operation during the January cold snap, it could have saved customers about $12 million over six days. He said renewables are a significant part of NorthWestern’s portfolio, and that it’s unfair for opponents to accuse the company of building the plant for profit because they could make more profit by building the same capacity in renewable projects.
Hines said YCGS could be fully operational within the next month and a half. He said NorthWestern has taken steps to address some of the concerns neighbors have raised about lighting and noise.
“We’ve been operating Yellowstone now in a test mode for quite some time, and local people have been asking us when are we going to start the engines,” he said. “So obviously the noise issue has been abated.”
MISSOULA — Four out of five members of Montana’s Public Service Commission were in a federal courtroom in Missoula Thursday morning, as the PSC’s former president challenges the disciplinary action taken against him earlier this year. Now, newly released documents are shedding more light on to what led up to this point.
(Watch the video for a closer look at the case.)
New documents shed light Montana PSC dispute
Commissioner Brad Molnar has sued President Jeff Welborn, Vice President Jennifer Fielder and Commissioner Annie Bukacek – the three PSC members who voted in May to require him to work remotely, after an investigation into complaints about his workplace conduct. Molnar has claimed he is being unfairly punished for constitutionally protected speech, and he asked Senior U.S District Judge Donald Molloy to allow him to return to the PSC offices.
Matthew Monforton, Molnar’s attorney, told the judge that barring Molnar from the building was limiting his ability to do his job.
“He has not been officially kicked out of office, but his voice has clearly been diminished,” said Monforton.
But Natasha Jones, an attorney representing the other three commissioners, said the findings were about behavior, not just speech, and that the PSC’s action was a reasonable response.
“These are serious concerns about a pattern of conduct that has made employees quit,” she said.
Jonathon Ambarian
On Tuesday, Molloy ordered the release of redacted versions of two full investigative reports into Molnar’s conduct – more than 100 pages of documents. Monforton had moved for the full reports to be made public, and Molloy ruled attorneys for the other PSC members hadn’t shown a compelling reason to keep the documents under seal as long as the names of people involved in the investigation were obscured.
While the names remained redacted in the investigation reports, the attorneys for Welborn, Fielder and Bukacek also filed additional documents – including a public declaration from Bukacek and from former PSC executive director Alana Lake, providing information about their allegations against Molnar.
The two reports, from an outside investigator, cover Molnar’s alleged actions over two periods: the first from February to August 2025, and the second from August to October 2025. The investigation began after the first formal complaint, filed by Bukacek in May 2025 – though the reports say employees had been bringing up concerns about Molnar’s behavior informally for several months prior.
Bukacek’s complaint claimed Molnar had repeatedly made what she called “sexualized and demeaning comments.” The examples she cited included saying the PSC should replace “Taco Tuesdays” with “Topless Tuesdays,” reminiscing about watching girls in bikinis as a teenager, and commenting about the beauty of women in areas of China who didn’t get “old and wrinkly.”
In her declaration, Bukacek also claimed Molnar had “maliciously disseminated false information” about her and “engaged in behavior that was dismissive, derisive and otherwise abusive.”
“My primary concern now is not for my safety nor my feelings, but for the rest of the staff who may not have the temperament to speak up or may feel too intimidated to speak up given concerns over job security,” Bukacek said in her declaration.
MTN News
The investigators determined Molnar had violated the PSC’s code of conduct by making comments of a sexual nature, and that it appeared his behavior had continued for some time after he was warned about it. They also found he had behaved unprofessionally and in a belittling manner toward Bukacek, though they said Bukacek herself had at times used “language that could be considered inappropriate” in emails to staff or other commissioners. Bukacek told MTN she “readily self corrected” any behaviors that were brought to her attention.
The investigation also found a violation in connection with a complaint from a PSC staff member, who said he “felt bullied” by Molnar when the commissioner sent an email complaining about his team not being “people with competence.”
However, much of the first report and the entire second report was focused on conduct after the initial complaints, when Molnar was accused of retaliating against people who participated in the investigation. Lake said in her declaration that she saw “an immediate and significant change in his behavior toward staff involved in the process.” She claimed he said he would use an attorney and private investigator to go after people who filed complaints, and she accused him of publicly criticizing her in interviews and removing her job responsibilities because of her handling of the investigation.
Lake said Molnar’s actions led to “declining morale within the agency,” undermined staff members’ ability to do their jobs and damaged her reputation. She said that led her to resign as executive director.
“I believe no employee should be forced to choose between reporting misconduct and protecting their career, reputation, or personal well-being,” she said in her declaration.
Lake has since become Helena city manager.
Jonathon Ambarian
The report said there was evidence to show Molnar had retaliated, including by “making disparaging statements about investigation participants” including Lake, by sending an email warning he could file complaints of his own against people involved, and by taking other actions investigators said could dissuade employees from reporting behavior in the future.
Monforton said during Thursday’s hearing that the initial comments Bukacek complained about were jokes Molnar had admitted were inappropriate, that he regretted saying them, and that he hasn’t made any similar comments in about a year. But he argued the vast majority of the findings against Molnar were about retaliation – and that those were primarily based on speech that the other commissioners don’t have the right to interfere with.
Monforton said it’s unreasonable to punish Molnar for what he said in the July news conference where he announced he was under investigation, in interviews with the media or in commission meetings. He said Molnar’s conduct doesn’t rise to the level of actual retaliation.
“This is an elected official, engaging in speech in his forum,” Monforton said.
He said Molnar may have made harsh comments toward staff, but that he had the right to raise objections about the way the agency does business.
Jonathon Ambarian
Monforton also argued the retaliation claims no longer justify keeping Molnar out of the office, since Welborn, Fielder and Bukacek voted to remove him as president in October and he no longer has the authority he’s accused of misusing. He said there haven’t been further complaints about his behavior since that time.
“We’re not asking for the moon and stars, we’re asking for the status quo as it existed for the last seven months,” he said.
Jones said there is enough evidence to show Molnar would have been punished regardless of whether any protected speech was excluded.
“This is not about a couple of jokes,” she said.
Jones said Molnar made maliciously false statements about people like Lake, and that type of statement isn’t covered by free speech protections.
She also said Molnar’s exclusion from the PSC offices is temporary, and that the PSC will reconsider whether to let him return if he apologizes for his actions, accepts the agency’s code of conduct and undergoes training.
Molloy indicated he saw indications that there was “acrimony” on both sides of the situation, and said he was skeptical it would be resolved easily.
“It would be nice if instead of juvenile behavior, there was professional behavior,” he said.
However, the judge said there was an avenue for Molnar to pursue if he wanted to reach a resolution.
Molloy took no immediate action Thursday. He told the parties he would rule as quickly as he could.
Carrie Gilbertson has been executive director of Cancer Support Community Montana for just under two months, stepping into the role in April with more than 15 years of nonprofit experience and a lifetime of Montana roots.
The organization provides psychosocial and mental health support to anyone affected by cancer — not just those with a diagnosis, but also family members and others walking alongside them.
WATCH: Meet the new leader of Cancer Support Community Montana 🎗️
Cancer Support Community Montana names new executive director
“This mission of providing psycho-social supports and mental health supports for anyone impacted by cancer, not just that person who has the diagnosis, but also family members, anyone who is walking alongside someone as they experience that often scary diagnosis, that’s just something that’s important to me,” Gilbertson said.
Gilbertson’s role extends beyond the Bozeman office. Cancer Support Community Montana’s Missoula location is already up and running, and a Helena location is expected to be operating soon. Each presents its own set of challenges.
“Each hospital is different. They might have different resources. Their social workers might be connecting to things in a different way. So understanding what those hospitals need, what different participants need in each community, is going to be different just because the communities are different, resources are different,” Gilbertson said.
The Bozeman office has been operating for more than 20 years, providing a foundation that supports the organization’s broader statewide efforts.
“I think this is a crew that looks at what does this community need what do our participants need what are some of the changing landscapes in cancer care what things are the gaps that we see that we can maybe just jump right in and you know let’s see if we can provide that for people so that’s something I really love about this crew that I work with and just this mission that there is some flexibility in being able to adjust and adapt as we learn more,” Gilbertson said.
Those adaptations show up in unexpected ways. The organization converts its parking lot into a pickleball court every Friday morning.
“I didn’t know there was a pickleball court. I pulled in actually with my daughter pulled in and she was is that pickleball court and I was like oh, it kind of looks like it is so yeah that’s fun, every Friday morning we clear out the parking lot and put up the net and I haven’t played yet I’ve been watching just to kind of see how that game works but they take it pretty seriously,” Gilbertson said.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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