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Montana Supreme Court to hear oral arguments in climate change case Wednesday • Daily Montanan

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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.

Lewis and Clark County District Court Judge Kathy Seeley asks a question of attorneys in the Held v. Montana case. (Photo by Blair Miller, Daily Montanan)

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.

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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.

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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.

Department of Environmental Quality attorney Lee McKenna questions DEQ Director Chris Dorrington about his read of Montana's MEPA law.
Department of Environmental Quality attorney Lee McKenna questions DEQ Director Chris Dorrington about his read of Montana’s MEPA law. (Photo by Blair Miller, Daily Montanan)

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.

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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.

Plaintiffs' attorney Nate Bellinger delivers closing arguments in the Held v. Montana trial on Tuesday, June 20, 2023.
Plaintiffs’ attorney Nate Bellinger delivers closing arguments in the Held v. Montana trial on Tuesday, June 20, 2023. (Photo by Blair Miller, Daily Montanan)

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.

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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.

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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.

Earthjustice attorney Jenny Harbine argues on behalf of the Montana Environmental Information Center and Sierra Club in front of the Montana Supreme Court on May 15, 2024. (Photo by Blair Miller, Daily Montanan)
Earthjustice attorney Jenny Harbine argues on behalf of the Montana Environmental Information Center and Sierra Club in front of the Montana Supreme Court on May 15, 2024. (Photo by Blair Miller, Daily Montanan)

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.

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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.



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Land Board approves 33,000-acre conservation easement in northwest Montana

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Land Board approves 33,000-acre conservation easement in northwest Montana


A proposal to put nearly 33,000 acres of working forestland in northwest Montana into a conservation easement has cleared its last major hurdle.

In a 3-1 vote on Monday, the Montana Land Board adopted language amending an agreement between timber company Green Diamond and Montana Fish, Wildlife, and Parks that closes the book on a conservation project that took four years and nearly $40 million to finalize.

The Montana Great Outdoors Conservation Easement is located between Kalispell and Libby and encompasses parts of the Salish and Cabinet mountains. The roughly 33,000 acres of land will be protected from development to support wildlife habitat and “key landscape connectivity,” according to FWP.

An FWP memo on the project says the easement also provides “permanent free public recreation access” to the enrolled lands while sustaining their use as a working forest.

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The U.S. Forest Service’s Montana Forest Legacy Program is putting $20 million toward the easement. Habitat Montana, a fund administered by FWP, is contributing $1.5 million, and the Trust for Public Lands coordinated another $4.2 million of financial support for the project. Finally, Green Diamond is donating about $14 million of the land’s value.

The easement is perpetual, meaning the terms of the agreement will remain in effect indefinitely, even if Green Diamond later sells the land.

In addition to supporting long-term timber harvest, the easement will confer tax benefits to Green Diamond, which owns and manages working forests in nine states throughout the southern and western U.S. According to a FAQ on the easement, Green Diamond will continue to pay local property taxes in Lincoln, Sanders and Flathead counties once the easement is recorded.

The easement faced a tumultuous path to adoption. When the Land Board first voted on it in October, WRH Nevada Properties, which owns the mineral estate beneath approximately half of the 33,000 acres, argued that the easement jeopardized its ability to develop the subsurface mineral estate.

The Montana Great Outdoors Conservation Easement is being developed as a two-phase project that will conserve nearly 83,000 acres of northwest Montana that span three counties. Credit: Courtesy Montana Fish, Wildlife and Parks

Peter Scott, an attorney representing WRH and Citizens for Balanced Use, argued before the Land Board on Oct. 21 that the board would be ill-advised to authorize the easement while a lawsuit over it is pending, and given that ground-disturbing activities are “not compatible” with the Montana Forest Legacy Program’s purpose.

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“The folks that fund mineral exploration are not looking for conservation easements as part of their program,” Scott said. “In fact, they’re leaving and taking their mineral exploration money elsewhere. From their standpoint, Montana is not open for business in the context of mineral exploration.”

To help alleviate that concern, the board voted in October to draft language recognizing its intention to protect the mineral rights holders’ ability to access and develop their mineral rights within the easement’s bounds.

The board’s 3-1 vote effectively alters the easement to read that the mineral rights holders “shall not be infringed upon.” The mineral rights holder will retain the ability to “enter and use the [conserved land] for exploration, recovery and development of the minerals consistent with state law,” per the language adopted by the board.

State Superintendent and Land Board member Elsie Arntzen opposed a final vote on the easement, arguing that more discussion is needed and indicating that the state Legislature, which is set to gavel in for its biennial session next month, may be inclined to weigh in. She sought to postpone final action until at least the spring, a delay Gov. Greg Gianforte did not support for fear it would compromise the Forest Service’s $20 million contribution to the easement.

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Habitat conservation in Montana undergoing a ‘sea change’ 

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Habitat conservation in Montana undergoing a ‘sea change’ 

When Montana Fish, Wildlife and Parks quietly unveiled a proposal to put Habitat Montana funds toward 30- and 40-year conservation leases, proponents described it as a “new conservation planning tool” while opponents warned of a “sea change” that could weaken one of the state’s most popular habitat protection programs.


“The staff worked with all of the concerned parties to get language that was agreeable. For us to make additional changes here, without consultation with all of the parties, would put us in a difficult position,” Gianforte said, adding that Arntzen had effectively missed her window to oppose the easement writ large.

“At this point, the easement has been approved, subject to this language,” Gianforte continued. “I feel a strong compunction to honor the local consensus which has been built around this, which I think is reflected in this modified language.”

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Arntzen also attempted to issue a “no” vote by proxy for Montana Attorney General and Land Board member Austin Knudsen. Gianforte, who chairs the Land Board, said only members who are actively present can vote.

Gianforte also struck down an amendment offered by Secretary of State and Land Board member Christi Jacobsen to make the easement subject to a 99-year term rather than perpetual.

The easement “has been granted, has been finalized,” Gianforte said. “So I would rule your amendment out of order.”

A variety of conservation and forestry-oriented organizations support the easement, arguing that it contributes to conservation and recreational objectives, and supports local economies reliant on forestry by facilitating access to a long-term timber supply. Those groups include Rocky Mountain Elk Foundation, Montana Wildlife Federation, Trust for Public Land, Montana Wood Products Association, Montana Logging Association,Stimson Lumber and FH Stoltze Land & Lumber. 

A trio of current and former elected officials opposed the easement in a letter to the Land Board, arguing that more due diligence should have been done to assess the prevalence of subsurface minerals and communicate with WRH about the project. A letter signed by Rep. Steve Gunderson, R-Libby; Sen. Dan Bartel, R-Lewistown; and Kerry White, a former state representative from Bozeman who now leads Citizens for Balanced Use, a nearly 20-year-old nonprofit that calls for more motorized recreation and resource development on public land.

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The second stage of the Montana Great Outdoors Conservation Easement is still in development. It’s estimated to top 52,000 acres to the west and south of the Lost Trail National Wildlife Refuge.

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Search for missing Montana woman suspended at landfill north of Great Falls

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Search for missing Montana woman suspended at landfill north of Great Falls


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The search for a missing Conrad woman at the High Plains Landfill north of Great Falls has been suspended, the Cascade County Sheriff’s Office announced on Monday afternoon.

Alicia Wood, 46, was last seen on Nov. 22 and was reported missing on Nov. 30 to the Conrad Police Department. Wood’s car was found abandoned on the side of Highway 91 between Conrad and Brady and blood was later found inside the vehicle.

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The Montana Department of Criminal Investigation took over the case and a lead prompted a search for Wood at the landfill. The search began on Dec. 5 and lasted nine days.

“The is not a decision we took lightly, however, we feel we have conducted a thorough search of our landfill based on the information and leads provided,” Cascade County Sheriff Jesse Slaughter said in a statement.

DCI and the Pondera County Sheriff’s Office will continue to lead the investigation.

“As I said at the beginning of our search this is just one lead in this investigation. I’m confident that the Division of Criminal Investigation will continue to follow all current and future leads,” Slaughter said.

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Anyone with information about the disappearance of Alicia Woods is asked to contact the Division of Criminal Investigation by calling or 406-444-3874 or emailing contactdci@mt.gov.

The Cascade County Sheriff’s Office also thanked the numerous law enforcement and civilian agencies who assisted in the landfill search, as well as community supporters who provided meals for the search party.



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7 Most Unconventional Towns In Montana

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7 Most Unconventional Towns In Montana


Millions of Americans and visitors from all over the world come every year to Montana, and perhaps most know the Big Sky Country state for its access to renowned national parks, like Glacier and Yellowstone. But it offers so much more. A confluence of cultural forces has shaped this region — from the Native American traditions to the gold rushes — and it is that Old West spirit that Montana’s residents have proudly kept alive. In Montana, we’ve discovered seven of the most unconventional towns. They dot the Montana map, inviting visitors to experience and be fully immersed in the state’s heritage and traditions.

Philipsburg brings a bygone mining era back to life. Red Lodge is the ultimate rugged alpine experience. Bigfork is valued for its art scene and summer theater. Livingstone is the “Gateway to Yellowstone.” Virginia City is a well-preserved gold rush historical experience. Whitefish is a haven for outdoorsy types, but it also has a touch of sophistication. Fort Benton, is remembered as the “Birthplace of Montana.” Join the tour and discover how each of these towns is as unique as the landscapes they inhabit.

Philipsburg

Philipsburg, Montana. By Mark de Vries – CC BY-SA 4.0, Wikimedia Commons.

Nested in a verdant valley between the Sapphire Mountains and Flint Creek is the town of Philipsburg, with its dense pine forests and alpine lakes. The downtown is marked by restored 19th-century buildings with colorful frontages. The friendly town has a nostalgic vibe with its antique shops and boutique shopping, such as the Sweet Palace, a candy store. Historical landmarks include the Opera House Theatre, built in 1891, and The Granite Country Museum, showcasing the town’s mining heritage. Sapphire mining at Gem Mountain is a unique experience. The Granite Ghost Town State Park and the annual Flint Creek Valley Days festival with its parade and live music make Philipsburg extra special.

Red Lodge

Red Lodge, Montana
Red Lodge, Montana. Editorial credit: Edward Fielding / Shutterstock.com

With access to Beartooth Highway, what has been dubbed “the most beautiful drive in America,” Red Lodge is an exceptional town. The downtown boasts of Wild West-style architecture, with saloons, eateries and art galleries. Historical landmarks are The Carbon County Historical Society and Museum, displaying the town’s ranching and mining history. Commercial attractions include the Yellowstone Wildlife Sanctuary. The town is settled at the base of the Beartooth Mountains and surrounded by rolling meadows.

Bigfork

Big Fork, Montana
Bigfork, Montana. By Jonah Libsack – CC BY-SA 4.0, Wikimedia Commons.

Enveloped by forests, rolling hills and settled along the northeastern shore of Flathead Lake is the town of Bigfork. Bigfork’s downtown blends rustic log cabins with modern designs. The charming town is lined with bistros, galleries and shops. The town has a thriving art scene, annual events like the Bigfork Festival of the Arts, brings the whole community together. Wayfarers State Park provides breathtaking views of Flathead Lake and is rich in Native American history. One thing that is special about this town is The Bigfork Summer Playhouse, a seasonal theater that has given the town the nickname “Montana’s Broadway.”

Livingston

Livingston, Montana
Livingston, Montana. By Jon Roanhaus – Own work, CC BY-SA 3.0, Wikimedia Commons.

Downtown Livingston with its turn-of-the-century brick buildings hosting quirky cafes, bars and bookshops, presents residents and visitors with a relaxed, artsy vibe. The town is prized as a “foodie paradise” with local favorites like Fainting Goat Pub and Engine Room Deep Dish Pizza. Lying along the Yellowstone River, the small town is surrounded by the Crazy and Absaroka mountains. One thing that stands out is Livingston hosts an annual famous rodeo and has become known as the “Gateway to Yellowstone.” The Livingston Depot Center is a restored train station, which showcases the town’s railroad history. Livingston is a haven for outdoor enthusiasts with activities like fly-fishing, hiking and, of course, access to Yellowstone National Park.

Virginia City

Virginia City ghost town
Virginia City ghost town. Editorial credit: Eniko Balogh / Shutterstock.com

Once known as “Fourteen Mile City,” the gold rush era town of Virginia City is based in a valley and surrounded by sagebrush hills and the Tobacco Root Mountains. During its heyday period the town was regarded as a social center and transportation hub in the region. Today the entire town is a historic site. Something that makes Virginia City unusual is the town actors that bring the mid-1800s to life again. The small settlement feels like a well-preserved ghost town with its wooden sidewalks, saloons, and mercantile shops. Be sure not to miss the Virginia City Opera House and Alder Gulch. Visitors can pan for gold and take a historic stagecoach ride.

Whitefish

Whitefish, Montana
Whitefish, Montana. By Royalbroil – Own work, CC BY-SA 3.0, Wikimedia Commons.

The town of Whitefish has a unique tradition, known as their annual Huckleberry Days, which celebrates the local berry. A gateway to Glacier National Park, surrounded by forests and lakes with views of Big Mountain, Whitefish is plentiful in natural beauties, with much to explore and see. The downtown combines rustic architecture with a sophisticated modern touch. Be sure to check out the Whitefish Farmers’ Market, along with the many fine dining options and boutiques. Big Mountain has the best skiing in the winter and the tail rides through Bar W Guest Ranch are second to none. No visit to Whitefish is complete without some time by or on the water. Whitefish City Beach is a great place for the whole family to play. The Great Northern Railway Depot and Whitefish Lake State Parks are historical landmarks.

Fort Benton

Fort Benton, Montana
Fort Benton, Montana. Editorial credit: Joseph Sohm / Shutterstock.com

When visitors drive past herds of antelope and deer while enjoying majestic views in all directions, they quickly come to understand why Fort Benton has been praised for its beauty by both Forbes and National Geographic Traveler. Located along the Missouri River and surrounded by rolling planes and the region’s rich agricultural land, Fort Benton is a gem of a town. Fort Benton’s downtown blends well-maintained frontier-era buildings and modern designs. Landmarks include The Lewis and Clark Memorial and the Museum of the Upper Missouri, which display the town’s role in westward expansion. Be sure to book boat tours with groups like Upper Missouri River Guides for excursions along the Missouri River that showcase views of bluffs and local wildlife.

Parting Thoughts

Montana is the fourth-largest state in the U.S., covering over 147,000 square miles. Its name comes from the Spanish word montaña, meaning “mountain,” reflecting its dramatic landscapes. The Missouri River, one of North America’s longest rivers, begins in Montana. The state experiences a range of weather, from snowy winters to warm summers. Rich in history, Montana was once home to Native American tribes like the Crow and Blackfeet. Today, it’s celebrated for its outdoor recreation, including hiking, fishing, and skiing. These seven most unconventional towns in Montana are each marked out for something special in their natures, which have become woven together into the cultural tapestry of this Old West state. From world class national parks to outstanding natural wonders to rich Native American and gold rush histories, these towns are quintessentially Montana.

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