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Montana Supreme Court rejects Attorney General’s last-minute attempt to stop climate trial – Daily Montanan

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Montana Supreme Court rejects Attorney General’s last-minute attempt to stop climate trial – Daily Montanan


The Montana Supreme Court has rejected a last-minute attempt by the State Attorney General’s Office to stop a lawsuit waged by a group of youth plaintiffs who charge the state has failed to preserve a “clean and healthful” environment for future generations, as guaranteed by the Montana Constitution.

On Monday, the Montana Attorney General’s Office submitted a brief to the state’s highest court, asking for a writ of supervisory control, a rare measure in which the appellate court takes control of the current case. Such a move would have likely postponed, if not indefinitely delayed, a trial scheduled to start on June 12 in Lewis and Clark County District Court before judge Kathy Seeley.

The Attorney General’s Office argued that recent changes to state law rendered the case moot by two specific measures that have been since signed by Gov. Greg Gianforte, a Republican, and codified into law.

The Montana Supreme Court decided by a 6-to-1 vote to reject the appeal by the Montana Attorney General’s Office saying that it had not demonstrated how the recently passed laws had changed the state’s constitutional guarantee, and pointing out that the state could still use the appeals process during and after the conclusion of the trial.

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Only Associate Justice Jim Rice did not sign the four-page ruling, saying simply that he “would order a response and postpone the trial.”

Meanwhile, the other six justices said Montana Attorney General Austin Knudsen “has provided no reason why the district court’s ruling cannot be reviewed on appeal, if necessary.”

“Moreover, trial, with preparation literally years in the making, is set to commence less than a week from now,” the high court pointed out.

Knudsen’s office had argued that during the legislative session, which concluded roughly a month ago, the Republican supermajority in both chambers had repealed the state’s energy policy. It also passed the “climate change exception” to the Montana Environmental Policy Act.

Meant as response to ongoing litigation in Yellowstone County concerning a proposed and partially built natural gas fired power plant by NorthWestern Energy, House Bill 971 specifically outlawed any consideration of greenhouse gases by state authorities unless specifically ordered by an act of Congress.

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Attorneys for the State of Montana argued that those changes to Montana’s law effectively make the trial moot. However, the Supreme Court said the Attorney General had failed to prove the claims made by youth had been rendered obsolete because of the lawmakers’ actions.

“The state … has not demonstrated that HB 971’s amendments alter the allegations the plaintiffs make in the complaint,” the order said. “Since the complaint was filed, the theory of this claim has been that prohibiting consideration of the impacts of climate change in environmental review violates the Montana Constitution. The state does not explain how HB 971 changes that issue for trial.”

The Montana Attorney General’s Office did not respond to a request for comment on Tuesday afternoon.

OP 23-0311 Writ – Supervisory Control — Petition



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Montana

3 Montanans make the Time100 Next list

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3 Montanans make the Time100 Next list


Three Montana women made Time magazine’s “Time100 Next” list, touting them as “the world’s rising stars.”






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Actor Lily Gladstone, environmental activist Rikki Held and Missoula Democratic Rep. Zooey Zephyr are featured in the Sept. 25 edition of the magazine now celebrating its 100th year.

Sam Jacobs, Time’s editor in chief, said the list was assembled through research and reporting from across the magazine’s “global network of editors and correspondents.”

The list was described by Jacobs as an opportunity to show what society’s future and future leaders will look like. Categories included artists, phenoms, leaders, innovators and advocates.

The group reportedly sifted through hundreds of suggestions then met weekly to debate who belongs on the list.

Cate Matthews, an editorial director with the magazine, said: “Through this process we get to know so many extraordinary leaders who are creating change across the world. Our hope is that the list offers a glimpse into their important work.”

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Jacobs said this year’s list includes dozens of people “who are engineering new solutions to society’s most pressing problems.”

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They are expected to gather with others on the list in New York City in October for a dinner party.

Actor Riley Keough wrote that Gladstone, 37, shows magnetism and depth on screen.







France Cannes 2023 Killers of the Flower Moon Photo Call

Lily Gladstone, Cannes, France, 2023 “Killers of the Flower Moon” photo call

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“In all of Lily’s performances, she is able to bring a raw presence and incredible emotional history,” Keough wrote. “It’s hard to keep your eyes off of her. She is exhilarating.”

Gladstone was raised in Browning and is of Blackfeet and Nimíipuu heritage. She also graduated from the University of Montana. She is now appearing in the Martin Scorsese film “Killers of the Flower Moon.”

Keough said Gladstone, who was listed among the list’s section featuring “artists,” is not only talented, but has an incredible work ethic and is thoughtful and kind on set.

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“She is a star onscreen and a real light in the world off-screen,” Keough wrote.

Time Reporter Sanya Mansoor recounted Zephyr’s censure by Republicans in the state Legislature in 2023 shortly after she said those who supported bills that would restrict gender-affirming care would have “blood on your hands.”

Zephyr, the first openly transgender woman elected to the Montana Legislature, was banned from the House floor but continued to show up at the Capitol to represent her district and voted remotely.







Silenced Transgender Lawmaker (copy)

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Rep. Zooey Zephyr, D-Missoula, stands in protest as demonstrators are arrested in the House gallery of the state Capitol, April 24 in Helena.




Mansoor noted the bill passed, but in the months since, “Zephyr – now widely known for her work to combat it – has continued to use her national profile to champion protections for transgender Americans.”

The 35-year-old Zephyr was listed among the “leaders” on the Time list.

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Zephyr made note of the honor Sept. 13 and 14 on X, formerly known as Twitter. She also mentioned that Held and Gladstone were on the list as well.

“It’s an absolute joy to represent Missoula. And all of the work — however challenging—always feels light, because I know I’m fighting alongside so many amazing people to build a better, kinder world,” she wrote.







Held vs. State of Montana (copy)

Rikki Held, the lead plaintiff in the climate change lawsuit, Held vs. Montana, is seen outside the Lewis and Clark County Courthouse on June 12, the first day of hearings in the trial.

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Rikki Held made the list for her advocacy for the environment as lead plaintiff in the Held v. Montana lawsuit involving 15 other youths in which the state was successfully sued for “violating its own constitutional guarantee that it would provide citizens ‘a clean and healthful’ environment.’”

Held, 22, of Broadus, was listed in the “advocates” portion of the Time list.

Jeffrey Kluger, editor at large at Time, called the ruling “historic” and was “one that could provide a road map for similar efforts.”

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He said Held plans to pursue a graduate degree in climate or hydrology.

Her father, Steve, said in a telephone interview Tuesday that he never thought that Rikki and the other young plaintiffs winning the climate case would lead to so many things.

“It’s been unbelievable,” he said, adding his daughter shuns the limelight. “I have been more excited about it than she has.”

Steve Held said of the Time magazine honor that Rikki Held does not take credit or claim for any of her accomplishments.

“It is just so not her,” he said, “but the effort to do the right thing is definitely 100% her.”

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Rikki was not available for comment, her father said, adding she joined the Peace Corps and arrived in Kenya a few days ago to begin work.

Assistant editor Phil Drake can be reached at 406-231-9021.

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Judge delays enforcement of Montana abortion clinic license

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Judge delays enforcement of Montana abortion clinic license


Jonathan Ambarian

HELENA (KPAX) — A district court judge in Helena has agreed to delay a provision in a new state law that would require abortion clinics to be licensed by the state.

The provision was set to take effect on Sunday, Oct. 1, 2023.

District Judge Chris Abbott granted a temporary restraining order blocking enforcement of one section of House Bill 937.

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HB 937 says no one can operate an abortion clinic without applying for and receiving a license from the Montana Department of Public Health and Human Services (DPHHS).

It also directs DPHHS to establish rules for operating a clinic – including things like staff qualifications, required equipment, the “architecture or layout of an abortion clinic,” and a requirement for regular inspections.

However, DPHHS has not yet come out with those rules, leaving clinics with no way of getting a license before the law takes effect.

Blue Mountain Clinic in Missoula and All Families Healthcare in Whitefish sued over the law, claiming the restrictions were unnecessary and unfairly targeted abortion providers, as other private healthcare practices don’t have to follow them.

They said, without clear guidance from the state, they would be in a state of legal uncertainty after Oct. 1 – not knowing whether they could continue to perform abortions.

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In his ruling, Abbott said DPHHS had acknowledged it’s difficult to enforce the law until the rules are in place. However, he said that there hadn’t been a specific declaration that the state would not enforce it, and that county attorneys might still attempt to prosecute clinics.

He said it was justifiable to put in a limited restraining order, allowing the state to continue the rulemaking process, but addressing the clinics’ concerns until a full hearing can be held.

He set a hearing for Oct. 30 on whether a preliminary injunction should be granted.

Abbott said this initial ruling was not intended to address the question of whether the state has a compelling interest in licensing abortion clinics.





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Billings attorney will represent Montana Attorney General in disciplinary charges – Daily Montanan

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Billings attorney will represent Montana Attorney General in disciplinary charges – Daily Montanan


When special counsel Timothy Strauch brought 41 counts of professional misconduct against Montana Attorney General Austin Knudsen earlier this month, it likely set a record for most charges in a complaint brought by the Office of the Disciplinary Counsel.

Likely, because the office confirmed it doesn’t necessarily track statistics like that.

However, in the days following the charges, Knudsen’s own staff dismissed the charges as “meritless.” On Sept. 7, though, Knudsen appears to have appointed Montana Solicitor General Christian Corrigan to represent him in his case. Corrigan works as part of the Attorney General’s Office and is an attorney paid for by the state.

The Daily Montanan sent a request on Sept. 19, asking for any documents related to the decision to appoint Corrigan, and asking for an explanation about why an attorney for the state was defending the attorney in a matter that only affects Knudsen’s personal ability to practice law.

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One spokesperson for the office said the office doesn’t “participate in your liberal blog,” referencing the Daily Montanan.

However, another communications staff leader defended the move as appropriate because the allegations against the attorney general stem from his actions in office.

Even so, shortly after Corrigan entered his appearance, Knudsen change direction and hire attorney Mark Parker of Billings, who has specialized in representing many fellow barristers, including several before the Office of Disciplinary Counsel. Parker was out of the office on Wednesday and didn’t immediately return a phone call.

It’s not known whether Parker is contracted through the state or was retained by Knudsen personally.

One longtime conservative attorney who asked that his name not be used because he has matters pending before the Attorney General’s Office said whether to use a state attorney is an interesting issue because part of the allegations center on Knudsen’s oversight of his former chief deputy, Kris Hansen, who is now deceased.

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While some of the 41 charges against Knudsen contain allegations that he broke court rules by refusing to follow or obey an order from the state’s highest court, the Montana Supreme Court, other disciplinary charges include that he failed to properly supervise Hansen in her role as deputy attorney general.

That, the conservative attorney said, probably allows Knudsen enough latitude to justify using state employees to defend him, but said it’s a legal gray area.

A cursory review of disciplinary actions taken against attorneys by the ODC show a mix of approaches when it comes to defending against charges. Some attorneys represent themselves, while others hire other counsel. The Daily Montanan was not aware of any case where a state attorney represented a client in an Office of Disciplinary Counsel proceeding.

However, that same review demonstrates that attorneys who work for the government have been disciplined for their performance while on the state’s clock. The bulk of those cases relate to public defenders, but even then, those who were charged mostly defended themselves.

The charges against Knudsen, if upheld, may result in discipline against him up to and including disbarment. The Attorney General’s Office and the Department of Justice, which Knudsen oversees, would not be punished as a result of any action the ODC takes.

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