Montana Supreme Court to Hear Environmental Appeal Next Week

The Montana Supreme Court is set to hear oral arguments next Wednesday regarding the state’s appeal in the Held vs. Montana case. This follows a district court ruling by Judge Kathy Seeley that found the state violated the constitutional rights of 16 youth plaintiffs to a clean and healthful environment. The decision could significantly impact environmental laws and regulations in Montana.
Judge Seeley had previously struck down a limitation within the Montana Environmental Policy Act (MEPA) that prevented the state from considering greenhouse gas emissions and climate impacts from energy and mining projects. She also enjoined a portion of another bill that restricted permits without greenhouse gas evaluations unless Congress regulated carbon dioxide under the federal Clean Air Act.
Attorneys for the state, Governor Greg Gianforte, and three state agencies will argue their case, while the youth plaintiffs’ attorneys will argue to uphold Seeley’s decision. The hearing will take place in the Supreme Court chambers in Helena and will be live-streamed.
The case has drawn numerous amicus curiae briefs from both sides, including Republican-led states, business interests like Orvis and Patagonia, and various environmental and public health groups. The state’s lawyers argue that Montana’s emissions are too small to impact global climate, while the plaintiffs maintain that the state’s actions directly violate Montana’s 1972 Constitution.
Recent court decisions, including those from the U.S. Ninth Circuit Court of Appeals and other states, could influence the Supreme Court’s decision. These cases involve similar issues around standing and constitutional interpretations related to environmental protections.
The outcome of the Held case will also affect the decision on another case involving NorthWestern Energy’s methane-fired power plant, with both rulings expected by late summer or fall. Lawmakers anticipate further legislative actions on MEPA and climate analyses in the 2025 legislative session based on these decisions.