Montana
Montana Supreme Court to hear oral arguments in climate change case Wednesday • Daily Montanan
The Montana Supreme Court will hear oral arguments next Wednesday in the state’s appeal of a district court judge’s decision in the Held vs. Montana case, setting the stage for a decision that will have broad impacts on environmental law and regulations in Montana.
Considering the arguments from both sides, and additional briefs from Republican-led states and recreation businesses like Orvis and Patagonia, the court will have to decide whether to uphold Lewis and Clark County District Court Judge Kathy Seeley’s order from last August finding the state was violating the constitutional rights of the 16 youth plaintiffs to a clean and healthful environment.
Seeley’s order struck down the so-called “limitation” to the Montana Environmental Policy Act that prohibited the state from considering greenhouse gas emissions and climate impacts from energy and mining projects.
She also enjoined a portion of another bill passed by Republican lawmakers last year that said permits approved by Montana agencies that did not include a greenhouse gas emissions evaluation could not be vacated or voided unless Congress voted to start regulating carbon dioxide as a pollutant under the federal Clean Air Act.
Attorneys representing the state, Gov. Greg Gianforte, and three state agencies will get 40 minutes to make their case to the justice, while attorneys for the youth plaintiffs will have 30 minutes. The hearing will be held in the Supreme Court chambers in Helena and start at 9:30 a.m.
The Montana Environmental Information Center and other Montana environmental groups are also hosting watch parties of the oral arguments, which will be live streamed online, in Missoula, Billings and Kalispell.
What the two sides and their supporters are arguing
The youth plaintiffs in the case filed their response to the state’s appeal in March, and the case was fully briefed in April when attorneys for the state, Gianforte, and the state agencies filed their replies. About 20 separate amicus curiae, or “friend of the court” briefs have been filed in the case either in support of the youth plaintiffs or the state that the Supreme Court can also consider when deciding the case.
Lawyers for the state, governor and agencies have maintained since Seeley handed her decision down that striking down the MEPA limitation does not alleviate the plaintiffs’ injuries because Montana’s greenhouse gas emissions are a small fraction of global emissions, which all affect Montana and the global climate.
The defendants are also asking the Supreme Court to clarify that Seeley’s order does not require the state to perform emissions and climate impact analyses but simply provides the opportunity for them to do so if the Legislature decides to follow that route.
The Supreme Court received friend-of-the-court briefs in support of the state from the Republican-led chambers of the Montana Legislature, the Montana Chamber of Commerce and several local chambers, NorthWestern Energy, conservative think-tank Frontier Institute, the mining company association Treasure State Resources, 12 Republican-led states, and a Navajo Nation company that owns the Spring Creek Mine in Decker.
Most of those briefs, like those from the state, argue that the plaintiffs do not have standing in the case, that Seeley used the wrong level of scrutiny in deciding the case, utilized one-sided data from the plaintiffs’ expert witnesses that the state did not contest at trial, or that the judiciary was wrongfully stepping into the realm of the Legislature when interpreting laws that intersect with principles of the state constitution.
“The Judiciary’s constitutional authority does not allow the district court to determine how The Legislature should provide for the promise of a ‘clean and healthful environment’ under Mont. Const. Art. II and IX,” Senate President Jason Ellsworth and House Speaker Matt Regier’s attorney wrote in their brief, for instance.
The plaintiffs’ attorneys will argue that the Supreme Court should uphold Seeley’s order in full, which would permanently keep the MEPA limitation out of Montana law, as well as the portion surrounding permit reviews and when permits could be vacated.
Their attorneys say Seeley was correct when she found that the state’s actions prohibiting emissions and climate impact reviews were in direct violation of the 1972 Constitution’s intents to protect the environment in Montana for current and future generations.
They say attorneys for the state have purposefully tried to focus the case around the global impacts of climate change when Montana’s constitution directly concerns the state’s environment and impacts to it caused by the state’s consistent permitting of high-emissions energy projects.
“Accepting any of the state’s (or their amici’s) belated factual or constitutional arguments would eviscerate the purpose of MEPA, young Montanans’ rights to a clean and healthful environment today and well into the future, and the very idea of an independent judiciary that reviews government laws for constitutional compliance and defers to the District Court’s factual findings but for clear error,” the plaintiffs’ attorneys said in their March brief.
The friend-of-the-court briefs filed on the side of the plaintiffs come from a group of professional climbers, runners and mountain guides in Montana; six Montana tribes, a group of public health experts and doctors from Montana and other states, the ACLU and ACLU of Montana, a group of tribal members and conservation groups, a group of outdoor recreation companies that includes Patagonia and Orvis.
“Because the MEPA Limitation allows Montana to avoid its constitutional responsibility to protect a clean and healthy environment, and because that derogation of constitutional duty is already having profound negative impacts on the outdoor industry in Montana, this court should uphold the district court’s order and strike down the MEPA limitation,” the brief from the outdoor recreation companies said.
There are also friend-of-the-court briefs the court can consider from six retired Montana Supreme Court justices who make arguments in support of the judiciary’s role in determining what laws are constitutional or not, as well as from the Montana Trial Lawyers Association, which argues Seeley was correct in not allowing the state to conduct mental health examinations of the 16 plaintiffs before last summer’s trial.
The former justices in their brief ask the Supreme Court to “emphatically stress” the importance of the separation of powers in government.
“The separation of powers principle secures our republican form of government. It is well established in Montana jurisprudence. In recent years, however, repeated attempts have been made to abridge long-settled elements of the judicial power,” they wrote. “The present case involves another such attempt.”
Recent court decisions could factor into case
It’s also possible that some recent court decisions at the federal U.S. Ninth Circuit Court of Appeals and in other states could be a factor in Wednesday’s arguments. Both sides have submitted notices of supplemental authority informing the court of recent decisions that could factor into the Held case.
That includes filings from the plaintiffs about another case decided by the Supreme Court in which courts found election laws created by the Legislature were unconstitutional, and another in which the Supreme Court used similar standing requirements as Seeley did in Held and also found it could not hear new arguments first raised on the appeal.
A third notice tells the court about a similar case in Hawaii which the plaintiffs’ primary attorneys, Our Children’s Trust, led to a favorable settlement with the state in late June. Hawaii’s constitution has similar environmental protection requirements as Montana’s, and the plaintiffs said the state was violating their constitutional rights because the state Department of Transportation continued to prioritize highways over other transportation modes that emit less greenhouse gases.
The settlement will involve the state establishing a new greenhouse gas reduction plan, a roadmap to decarbonizing the state’s transportation system, and tens of million dollars to go toward building green infrastructure.
The state, meanwhile, told the court that the 9th Circuit Court of Appeals had again dismissed a similar Oregon case for a lack of standing, and there was a similar dismissal in a California case challenging the U.S. Environmental Protection Agency.
“Relevant to this appeal, the district court rejected the plaintiffs’ contentions that declaring the challenged EPA policies unconstitutional would redress the plaintiffs’ climate change injuries,” attorneys for the state wrote in the filing.
The court’s decision in the Held case will also factor into its decision in a case involving the fate of NorthWestern Energy’s methane-fired power plant in Laurel and whether it was properly granted permits despite the state not considering its expected emissions of 700,000 tons of carbon dioxide a year. The Supreme Court heard oral arguments in that case on May 15.
Both cases are expected to see decisions issued later this summer or fall ahead of the November election and the January start to the 2025 legislative session, where there is sure to be more legislation introduced surrounding MEPA and climate analyses depending on the outcome, lawmakers have said during the interim.
Wahlberg is a brand ambassador and investor in Cole Hauser’s coffee brand, which serves “those who serve our country.”
“Yellowstone” fans are in for a treat with the hit Western returning after a two-year hiatus. Since the show has built a strong fan base over the years, Montana has seen a surge in tourism, experts told FOX Business.
Morgan Sanders, a travel advisor for Travelmation, explained that tourism has “definitely benefited” since the show aired its first episode in 2018.
“The popularity of Yellowstone has been really special to watch. Tourism has definitely benefited from interest in the show and crowds can be quite large in peak season, which is April through early August,” Sanders said.
Kevin Costner has played John Dutton on the hit show “Yellowstone” since 2015. (Paramount Network / Fox News)
Another travel advisor for Travelmation, Jennifer Pitts, told FOX Business that clients she has worked with in the past are drawn to “experience untamed America” like the Dutton family does in the show.
SMART TECH TIPS TO MAKE SUMMER TRAVEL CHEAPER AND LESS STRESSFUL
“My clients who visit Yellowstone want to experience untamed America by hiking through the land, attending summer rodeos, soaking in hot springs, viewing wildlife in Lamar Valley, having dude ranch experiences such as horse or cattle drives, horseback riding with Instagramable backdrops, wagon rides with horse-drawn carriages, nightly campfires, or just simply breathing in the undeveloped mountain air and sipping coffee outside like John Dutton himself,” Pitts said.
From left to right, Wes Bentley, Gil Birmingham, Kelly Reilly, Kevin Costner, Cole Hauser, Kelsey Asbille and Luke Grimes appear in “Yellowstone.” (Tommaso Boddi/Getty Images / Getty Images)
“Yellowstone” follows the Dutton family through years of trying to save their family ranch in Montana. The star-studded cast includes Kevin Costner, Kelly Reilly, Cole Hauser, Luke Grimes and Wes Bentley.
Pitts told FOX Business her industry has seen an increase in travel to Montana, all thanks to “Yellowstone.”
“Viewers love that they can visit the breathtaking destinations in person and not just through their TV screens.”
“I have definitely seen an increase in travel to the Yellowstone area because of the hit show,” she said. “Viewers love that they can visit the breathtaking destinations in person and not just through their TV screens. I anticipate more interest in vacations to the area once the new episodes return.”
Kevin Costner will not appear in the second half of season five of “Yellowstone.” (Photo by Richard Bord/Getty Images for Cannes Lions / Getty Images)
The final installment of season five of “Yellowstone” debuted on Paramount+ on Nov. 10. Although the series was set to conclude after season five, negotiations for a sixth season of the Paramount show are currently underway, Deadline reported.
No deals have been reached, sources told the outlet in August, but “Yellowstone” will likely continue with Hauser and Reilly as the leads. Costner is not featured in the second half of season five – and his sendoff infuriated fans.
In August, Fox News Digital reached out to Paramount about the report, but a representative for the company declined to comment.
“Yellowstone” fans have ventured to Montana for vacations. (Getty Images / Getty Images)
Pitts told FOX Business there is a variety of places to stay for interested travelers, but her favorite place to stay is “Dreamcatcher Tipi Hotel near Gardiner, Montana.”
“One of my favorite places to stay is Dreamcatcher Tipi Hotel near Gardiner, Montana, which is actually as the name implies: tipis (teepees) and not a hotel at all,” she said.
“These tipis allow you the luxury of a hot shower and nighttime lights, while sleeping in a tipi much like people in the area did hundreds of years ago. This glamping-style vacation is more luxurious than it sounds. Each tipi has a plush king bed and electricity, so it’s not really considered “roughing it.” Waking up with animals grazing right outside is magical. It is about a 30-minute drive from the Lamar Valley area which is known for grazing buffalo and an abundance of wildlife,” Pitts continued.
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If fans want to stay at the actual Dutton Ranch, that is an option, according to Sanders.
Kelly Reilly will reportedly appear in season six of “Yellowstone.” (Photo by Frazer Harrison/Getty Images for Paramount Network / Getty Images)
“The Dutton Ranch is a real place in Darby, Montana that fans can visit. Its real name is the Chief Joseph Ranch, and it’s a working ranch with guest cabins,” she explained.
“Visitors can stay right in Lee and Rip’s cabins and get a tour of the sets, but it’s not easy to book! Sadly, there are no reservations available for this year or next, but people can take photos near the front gates if they are respectful of the property and the show is not in production,” Sanders continued.
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“It’s a must-see for big fans of ‘Yellowstone,’” she concluded.
HELENA — Under Montana state law property tax payments in the Treasure State are due twice a year in May and November. However, beginning in the 2025 property tax payment period Montanans can pay their property taxes in a series of seven monthly installments rather than paying the standard twice yearly lump-sum payments.
This new program was made possible through House Bill 830, an act providing an alternative payment schedule for property taxes.
This bill passed in 2023, and you can apply now to participate in the program on 2025 property tax payments.
American Association of Retired Persons (AARP) Montana state director Tim Summers says the association supported the legislation and program because it can help reduce financial stress on Montana seniors. “We supported this first and foremost because it makes aging easier, it makes it easier for older Montanans 50-plus to pay their property tax bill, if anything we can do to make the aging process easier, we’re all about that.”
Summers adds, “It is a very significant strain on seniors to be able to keep up with rising property values many seniors find themselves house rich and cash poor. The more property values increase, the harder it can be for them to keep up with those property taxes and so therefore programs like this are essential to be able to keep them in their homes, aging where they want to.”
The program also aims to make it easier for other populations to balance their property tax payments with addition other cost of living expenses.
“The new, optional payment plan will make it easier for anyone on a fixed income – including older Montanans — to better meet their property tax obligations, while managing their household budget at the same time,” said Summers in a news release on the AARP States Montana webpage.
Montana
US Attorney announces dismantling of meth-trafficking ring based on Crow Reservation • Daily Montanan
Twenty-seven people were convicted as part of a broad meth and fentanyl-trafficking ring based on the Crow Indian Reservation but tied to three other reservations in Montana, as well as Washington state and Mexico, Montana’s U.S. Attorney announced Thursday.
U.S. Attorney for the District of Montana Jesse Laslovich said the operation to target the drug-trafficking ring Spear Siding was one of the largest drug trafficking investigations in Montana in recent years. It started in June 2022 and ended in a raid in April 2023. Laslovich announced the convictions at a news conference in Billings on Thursday.
According to the U.S. Attorney’s Office and federal court documents, two homes on the Crow Reservation, one of them called Spear Siding, where some of the top dealers lived, were the center of the trafficking ring and dealt meth on the Crow and Northern Cheyenne reservations in southeastern Montana.
But the ring also expanded to Rocky Boy’s and the Fort Belknap reservations and into Billings and Havre. The conspirators would trade drugs for pounds of meth and guns at the Spear Siding property, and sent proceeds from the drug sales to Washington, California, and Mexico, the U.S. Attorney’s Office said.
“The Spear Siding trafficking organization moved onto the Crow and Northern Cheyenne Reservations to exploit and prey on persons addicted to meth and fentanyl, all due to greed. While meth and fentanyl distribution impacts all of Montana, these drugs continue to disproportionately devastate Indian Country,” Laslovich said in a statement. “As this Spear Siding investigation shows, Montana’s Indian reservations are not a safe haven for out-of-state traffickers who think they can move in, set up shop, and enlist local residents to peddle drugs.”
Twenty-seven people pleaded guilty to drug trafficking, firearms crimes, or both, his office said. Two alleged co-conspirators are still on the run, including one of the top-level people behind the operation.
Wendell Lefthand and his sister Frederica Lefthand, who both lived at the Spear Siding home, each had a hand in running the operation. Wendell Lefthand initially was running the operation along with one of the now-fugitives, whom he met through a meth distributor in Washington. That unnamed co-conspirator moved to the Spear Siding home, after which “business started booming,” according to the U.S. Attorney’s Office.
Wendell Lefthand was arrested in June 2022 on a different charge, and his sister took over the Montana operation, dealing “pounds and pounds and pounds” of meth, according to court documents.
She and the co-conspirator allegedly built an operation that sent hundreds of pounds of meth to the Crow and Northern Cheyenne reservations to be distributed to lower-level dealers.
The Drug Enforcement Administration, Federal Bureau of Investigation, and Bureau of Indian Affairs conducted and assisted with the investigation.
“Cartel members preyed on an already vulnerable population, further fueling the drug crisis on Montana’s Indian Reservations, and employing members of the community to peddle poison to their own people,” Salt Lake City FBI Special Agent in Charge Shohini Sinha said in a statement. “Too many lives have been lost to illicit drugs. Too many families have suffered. The FBI and our partners will not stop pursuing criminals harming our communities.”
The 27 people convicted received the following sentences, according to the U.S. Attorney’s Office:
- Wendell Lefthand, of Lodge Grass: 180 months in prison
- Frederica Lefthand, of Lodge Grass: 288 months in prison
- Roderick Plentyhawk, of Billings: 300 months in prison
- Carly Joy James, of Billings: 84 months in prison
- Jeffrey Prettypaint, of Crow Agency: 60 months in prison
- Darlon Richard Lefthand, of Billings: 84 months in prison
- Keilee Shambrae Diaz, of Hardin: 12 months, one day in prison
- Zachary Douglas Bacon, of Garryowen: time served
- Morgan Luke Hugs, of Hardin: 48 months in prison
- Anthony Springfield, of Hardin: time served
- Haley James, of Billings: time served
- John Littlehead, of Billings: 48 months in prison
- Marianna Wallace, of Omak, Washington: 36 months in prison
- Yvon Lopez Flores, of Omak, Washington: 48 months in prison
- Jacklyn Littlebird, of Lame Deer: time served
- Adrienne LaForge, of Lame Deer: 24 months in prison
- Geofredo James Littlebird, of Lame Deer: pending sentencing
- Nancy Hartsock, of Billings: 72 months in prison
- Joe Simpson, of Lame Deer: 240 months in prison
- Melanie Bloodman, of Billings: time served
- Renita Redfield, of Lodge Grass: 63 months in prison
- Daniel Jiminez-Chavez, of Omak, Washington: 84 months in prison
- Sayra Longfox, of Lodge Grass: pending sentencing
- Emma King, of Lame Deer: pending sentencing
- Antonio Infante, of Brewster, Washington: 128 months in prison
- Elisha Felicia, of Wyola: 60 months in prison
- Nicole Schwalbach, of Billings: 120 months in prison
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