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Youth lawsuit challenging Montana’s pro-fossil fuel policies is heading to trial

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Youth lawsuit challenging Montana’s pro-fossil fuel policies is heading to trial


HELENA, Mont. (AP) — A Montana judge on Friday said a climate change lawsuit from young people challenging the state’s pro-fossil fuel policies will proceed to trial despite efforts by the state to derail the case.

The upcoming trial in Helena would be the first of its kind in the United States, according to experts in climate law who said the nation is lagging behind the rest of the world in terms of climate litigation.

However, because of prior rulings that limited the scope of the Montana case, a victory for the plaintiffs would not automatically alter the state’s regulation of fossil fuels.

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Attorneys for the 16 young plaintiffs, ranging in age from 5 to 22, alleged state officials were trying to avoid the upcoming trial when Republican lawmakers in March repealed the state’s energy policy — one of two laws that the case challenges. The plaintiffs and their backers are hoping to use the two-week trial that’s set to start on June 12 to highlight the dangers of fossil fuel emissions that scientists say are making climate change worse.

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Montana Attorney General Austin Knudsen, a Republican, had asked state Judge Kathy Seeley to dismiss any part of the case touching on the cancelled energy policy. Attorneys for the state also wanted more time to offer legal arguments over recent amendments to a law that allows officials to ignore greenhouse gas emissions when approving fossil-fuel projects.

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The judge was not swayed.

“I would suggest you continue to prepare for trial,” Seeley told attorneys at the end of a Friday court hearing. “I’m not intending to just stop everything so that we can spend months wrapped around that spoke.”

The case was brought in 2020 by attorneys for the environmental group Our Children’s Trust, which since 2010 has filed climate lawsuits in every state on behalf of youth plaintiffs. Many cases — including a previous one in Montana — have been dismissed.

The latest Montana lawsuit originally sought in part to repeal a state policy promoting coal, gas and oil development. Scientists say burning those fuels is largely driving climate change by releasing planet-warming carbon dioxide.

An attorney for the plaintiffs, Philip Gregory, told The Associated Press the policy was repealed by the Legislature “not because the state has committed to changing its fossil fuel policy and actions, but because the state seeks to avoid standing trial.”

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He said the state’s continued support for fossil fuels violates environmental protections in the Montana Constitution, which says the state “shall maintain and improve a clean and healthful environment in Montana for present and all future generations.”

The lawsuit documents how the consequences of climate change already are being felt by the young plaintiffs, with smoke from worsening wildfires choking the air they breathe and drought drying rivers that sustain agriculture, fish, wildlife and recreation.

The state argued that the plaintiffs were resorting to “emotional appeals” about the dangers of climate change, regardless of whether their legal claims have merit. They should have challenged specific laws that allow state agencies to issue permits for fossil fuel projects, said Assistant Attorney General Michael Russell.

When plaintiff’s attorney Roger Sullivan said that Montana had never denied a fossil fuel development permit, Russell said projects that meet state requirements cannot be denied.

Judge Seeley already narrowed the scope of the case, ruling in 2021 that it was outside her power to issue a requested order that would have forced the state to craft a greenhouse gas reduction plan. The judge also said she could not order the state to complete an inventory of emissions caused by fossil fuels.

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In both instances, Seeley said such work should be left to experts in the executive and legislative branches of government.

But Seeley said the court could declare that the state was in violation of the Constitution, without ordering that anything be done in response.

Sandra Nichols Thiam, an attorney with the Environmental Law Institute, said that could further the case of the failure of governments to address climate change.

“It’s highly significant that this case is going to trial at all,” Thiam said. “Getting all of this information on the record will be a major advancement in climate litigation.”

The sponsor of the measure that repealed the energy policy, Republican Rep. Steve Gunderson, did not return a call seeking comment. He said when it was under consideration before the Legislature that the policy was meaningless and outdated.

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Costley reported from Washington.

Copyright 2023 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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Montana

Flying to Montana to Start the Continental Divide – The Trek

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Flying to Montana to Start the Continental Divide – The Trek


This morning I was up at 3am and got the rest of my things packed up. Not long after that I piled all my things into my dad‘s car and we began heading to the airport. I can’t believe that I’m about to start another hike. It was smooth sailing in the early morning hours and I got to the airport early. I checked in quickly and was able to get something to eat before my flight.

These last few months off trail I’ve been super cautious about what I eat and trying to take pretty good care of myself. Especially not hiking big days anymore and just working on my feet most days. This was the first time in months that I felt free to eat whatever I want. I remembered that this is the beginning of being able to eat whatever I want for a long time. I ordered a sugary coffee, a sandwich, and a bagel. Then I returned to my seat and waited for my flight to board. The really neat thing about flying out today is that I have a brief flight from Boston to Chicago, then I meet up with a bunch of friends at the airport in Chicago and we all fly together to the airport in East Glacier, Montana. I’m so excited to see friends and get ready for the continental divide.

The first flight was nice and easy and when I arrived in Chicago my friend Tripod was already there hanging out at the bar at the airport. I met up with him and got a spicy Bloody Mary at the bar. I simply couldn’t resist. We had an hour layover and I got a little buzz on off that one drink at the airport bar. Then we met up with Nine Lives and we boarded our flight to East Glacier. Because of the time change, this flight was a little bit longer going over to Montana. But I was able to snack, listen to some music, and rest my eyes for a little bit.

When we arrived in East Glacier was shocked at how adorable and tiny the airport was. I should’ve assumed that it would’ve been nothing like the airport in Chicago, but it still surprised me. We walked around the little airport which felt more like a visitor center than anything. Then we spent a while waiting for the baggage claim with loads of other people heading to do something here in Montana. Luckily all of our bags came. It would’ve been pretty awful if they didn’t considering the fact that all of us brought a bunch of gear in our checked bags and about 12 days of food. We’re trying to set ourselves up for the first 200 to 250 miles of the CDT with food rations. We’re gonna drop a handful of days of food off at a couple different locations in glacier to make our food carries a little bit shorter to start.

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Our adorable motel in White Fish, Montana.

From the airport we got a ride over to White Fish. Which is only about 10 minutes from the airport in Kalispell. We booked a really big room that had about five beds because we were expecting that some more hikers might join us later on in town. We had to wait a little while for the room to be ready so we walked around the town and got something to eat. I was so impressed by White Fish and how many things it had to offer in a short distance from where were saying. It was truly a perfect trail town. We got McDonald’s and then ran a couple of errands. There was an amazing outfitter in town that had everything you could possibly need so I was able to get fuel there for the next few days and then an extra canister to put into one of my resupply boxes. Then we went to check into the room and get comfortable and relax. When we were leaving the airport I was so tired. I thought I could go to sleep right away. But now that we were here and walking around, I got a second wind. And like clockwork once we got back to the room, we all exploded our stuff all over the place.

The pile of mayonnaise packets that I scored from the local McDonald’s to use in my resupply.

All of us began going through our gear and putting certain things back in their place which we had taken out to fly. I checked little items like my knife, small scissors, micro spikes, and a few other odds and ends into my checked bag. It felt good to go through everything and put everything where it belongs. Then I began sorting through my monstrous pile of food. We’re not sure exactly where we’re gonna be dropping boxes and how this resupplying is going to go. Once we figure all of that out I’m going to sort the food into a few different groups and prepare to leave it where it needs to go.

Not long after we checked in at the room, another hiker Mosey joined us. I actually met her when we were at AT Trail Days just a month or so ago. It was so nice to see her again and I’m excited to hike together on the CDT. We all chilled at the room for a while and were constantly going back-and-forth about various permit, start date, and resupply strategies. Then later on, we went over to get some Chinese food at a place right next to the hotel.

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The food was ridiculously good. We shared some appetizers and I got a Thai iced tea. I also got a big plate of Mongolian beef and could barely eat any of it. The hunger has not hit yet. I’m used to eating way less food being off trail and working constantly. But I’m excited to finally be able to carb-load freely and know that I can eat whatever I want whenever I want. I gotta be honest, that’s one of the best parts about hiking for me. Especially after spending so much time hiking over the past couple of years. It’s really just my natural state of being at this point.

A very on point fortune that I got tonight at dinner.

I talked to my mom on the phone briefly when we were at the Chinese place and then we all came back to the room to lounge. I got a couple little things at the grocery store down the street to have for tonight or tomorrow. And I also grabbed a couple of avocados to eat the first couple of days on trail. I’ll eat them with either the tuna sandwiches that I’m going to be making or the rice meals that I’ll be having for dinner. Adding avocado to a knorr side dish makes it a gourmet meal.

Even though I didn’t need much or get much from the grocery store, walking around was a spiritual experience. I noticed a major difference in the way I was shopping now that I’m back on trail. Over the last few months I’ve grocery shopped pretty intentionally to avoid certain isles all together. Two in particular are the candy isle and the bakery section. But today was different. I’m starting a 3,000 mile thru hike this week. That means I can eat whatever I want. I almost shed a tear as I picked up my first chocolate milk of the hiking season. 

As the night went on another hiker Lost and Found joined us. She was actually the Lost and Found that Fresh Grounds was always talking about when we saw him down in Florida. Fresh Grounds is an iconic trail Angel on all trails these days. He’s going to be coming out to trail magic the CDT bubble for about five weeks once we get to Benchmark. That’s about 200+ miles from the start point. I’m so excited to see him again and enjoy some of his incredible food.

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When I saw him back in January, I didn’t get to fully enjoy it because I was so close to getting off trail. My appetite was down to just about nothing at all, and I was so close to being done that I was trying not to eat too too much. But it’s going to be such a blessing for him to come out and feed us while we’re up in Montana with limited resources and some pretty long food carries.

The front porch of the Chalet Inn, the motel we stayed at in White Fish.

It was cool to meet and talk to these new hikers that we’ ll be seeing here on the CDT. The room was the perfect size for five of us to be lounging and going through our gear comfortably as well. Eventually, we figured out what we were going to be doing for our food carries. We’re going to leave boxes for ourselves at Many Glacier, which is only about two days from the start. That way we can carry very little food to start and wean ourselves in. My backpack is so tiny, so the less food I can carry the better. But I really didn’t want to carry a larger pack on this trail, so I’m just gonna figure out ways to make it work. I set aside about four days to leave at Many Glacier and about six days of food to leave later on at East Glacier. That’ll be enough to get us all the way to Benchmark. From there, we’ll figure out what to do next.

Tripod, Lost and Found, Mosey, myself, and Nine Lives at the Chalet Inn.

As the night went on we were all so surprised to see that the sun sets incredibly late here in Montana. At 9pm it was still super bright outside. The sun didn’t really wind up upsetting until sometime after 10pm. You couldn’t ask for better timing to be starting a thru hike. Having long days opens you up to doing as many miles as you need to do and also taking as many breaks as you’d like to over the course of the day. That was one of the limiting factors of being on trail this last winter. The hiking days were long and there was very little daylight. It’s going to be such a blessing to be able to hike as long into the day as I want to without hiking into the dark. I really don’t wanna be hiking in the dark and grizzly bear country personally.

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I was surprised how late all of us stayed up even though we’d been traveling all day. But eventually we all got comfortable and called it a night. Tomorrow’s going be a pretty early day. Tripod, Nine Lives, and I have a really unique opportunity to do a bike trip in West Glacier which I’m super excited about. It seems like it’s a bucket list opportunity to do a bike on a road that’s only open exclusively for biking for about 2 to 3 weeks a year here in glacier national park. The rest of the year it’s also open to vehicle traffic, which definitely would make a biking day trip a little bit less enjoyable. Hopefully my body holds up for a long bike ride because I certainly haven’t been on a bike in a long time. My body knows how to walk, but not much else at this point.

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Grizzly Bear Fuming Mad After Release Into The Montana Wilderness

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Grizzly Bear Fuming Mad After Release Into The Montana Wilderness


MONTANA – If I found myself suddenly trapped in a tight cylinder in the middle of the woods I’d be pretty pissed off, just like the male grizzly at the end of this video. The whole video is a compilation of several grizzly bear releases by the Montana Fish, Wildlife, and Parks. It’s all worth a watch.

The next two videos show the same release the second adult male grizzly bear. This bear was more aggressive but was safely released and left the site after the FWP staff honked the truck horn. This reaction is not typical for most releases but shows why grizzly bears must be respected and why FWP is always extra cautious when working with grizzly bears.

If you start the video at 30 seconds, you’ll see a darn hefty bear scaring itself with its own weight, as it causes the entire trailer to tip over. But again, all of the clips are worth a watch, as it’s just a bunch of bears running free.

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Pretty interesting to see how they react to the honking horn, and how that seems to always get them to run away.

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Fentanyl seizure numbers continue to surge in Montana

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Fentanyl seizure numbers continue to surge in Montana


HELENA, Mont. (KUMV) – Montana Attorney General Austin Knudsen said the state continues to see more and more fentanyl seized by federal and state agents.

In a release this week, he said the Rocky Mountain High Intensity Drug Trafficking Area (RMHIDTA) task forces seized a total of 163,184 dosage units in the first quarter of 2024.

That’s a more than 150 percent increase compared to the 65,142 units seized in the first quarter of 2023.

“I think it’s a good thing we’re taking more fentanyl off the highways but I think it’s a function of two things. Number one: It’s what the cartels are pushing. Number two: They are pushing larger and larger volumes into our state,” said Knudsen.

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Knudsen said the increased influx continues to come from the southern border up north due to the drug’s profitability.

“We know where these drugs are coming from. They are coming from Mexico. They are coming from superlabs. They are coming from a handful of large Mexican drug cartels who are targeting our rural communities because they can make a lot of money up here. Fentanyl is worth a lot of money in Montana and North Dakota than it is in Mexico or even in Texas or Arizona,” said Knudsen.

A total of 398 thousand dosage units were seized by the RMHIDTA last year.

Knudsen said they continue to train more agents and have increased the penalties for individuals found guilty of selling fentanyl in Montana in order to combat the influx.

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