Montana Court Rules The State Can't Ignore Climate Change In Project Permitting

On August 14, a Montana District Court issued a 103-page decision in (Held) invalidating several statutory provisions which prohibited State evaluation of the impacts of greenhouse gas emissions. The ruling has immediate implications for developers of fossil fuel-based projects in Montana and sets national precedent for how plaintiffs can establish standing to bring claims against emitters and producers of fossil fuels.

Montana's Constitution contains a unique right to a "clean and healthful environment" and requires that the "legislature shall provide for the administration and enforcement of this duty." Held holds that the restrictions passed by the Montana Legislature, including HB 971 and SB 557 from the 2023 legislative session that prohibit a state agency from evaluating or analyzing the climate change impacts of greenhouse gas emissions associated with a project, are unconstitutional. The decision is immediately effective, meaning that absent a stay from the