Conservation groups are again suing the Montana Department of Environmental Quality over the agency’s handling of environmental impacts related to a new methane gas plant in Laurel.
The Northern Plains Resource Council and Montana Environmental Information Center argue DEQ is still not adequately considering or disclosing the cumulative climate impacts of the Yellowstone County Generating Station (YCGS).
The case could be one of the first tests of the precedent set by Held v. State, a landmark Montana Supreme Court climate ruling that made international headlines last year.
The YCGS, a 175-megawatt gas plant situated near the Yellowstone River, began providing energy in late 2024. It is set to emit 25.4 million tons of greenhouse gases over its projected 32 year life span (about 770,000 tons per year).
“We deserve an honest disclosure of what these impacts are,” said Anne Hedges, executive director of the Montana Environmental Information Center (MEIC). “I would like them to admit what 25 million tons of greenhouse gases does to the climate.”
A DEQ spokesperson declined to comment, saying the department “does not comment on litigation.”
The lawsuit – filed in Yellowstone County District Court on Monday – is part of an ongoing battle between the conservation groups, DEQ and NorthWestern Energy, which owns the gas plant.
In October 2021, MEIC filed a similar lawsuit against DEQ, arguing the agency had failed to adequately assess the greenhouse gas emissions from the plant and their impact on the surrounding area, including concerns over intense lighting at the facility.
Listen now and subscribe: Apple Podcasts | Google Podcasts | Spotify | RSS Feed | SoundStack | All Of Our Podcasts
The judge ruled in favor of the plaintiffs, finding that DEQ’s initial environment assessment was insufficient. NorthWestern and DEQ appealed that ruling to the Montana Supreme Court, which then in January ordered DEQ to again take stock of the impacts of the greenhouse gases emitted at YCGS.
To comply with that order, the agency released an environmental assessment in August. But conservation litigants argued that new assessment still fell short of what Montana law and the state constitution require, so they sued again.
“We hate doing the same thing again, but if DEQ is not going to do its job we’re left with no choice,” Hedges said.
During this same time frame the Montana Supreme Court ruled in Held v. State that the state was violating Montanans’ constitutional right to a “clean and healthful environment” by prohibiting agencies from analyzing the impacts of greenhouse gas emissions when deciding whether to grant permits for energy and mining projects. That ruling became one of the first major victories in the U.S. court system for climate justice activists.
Now, Meridian Wappett, an attorney with Western Environmental Law Center representing the conservation litigants in Monday’s lawsuit, called it the “first significant environmental review since Held.”
“[DEQ] failed to take a hard look at the greenhouse gas impacts,” Wappett said. “The agencies have a duty to take a hard look. They have a duty to uphold the constitution.”
The Wappett and her fellow attorneys on the case center much of their argument around the Held ruling, adding that “greenhouse gases like those emitted by the YCGS, cause harm to Montanans’ health and that harm is likely to worsen.”
The suit also touched on the agricultural and economic harms caused by greenhouse gas emissions.
“Decreasing snowpack is forecasted to lead to decreased streamflow and less reliable irrigation capacity during the late growing season, which would have the greatest impact on hay, sugar beet, malt barley, market garden, and potato producers across Montana,” the suit read. “Increased temperatures are forecasted to allow winter annual weeds, like cheatgrass, to increase in distribution and frequency in winter wheat cropland and rangeland, resulting in decreased crop yields and forage productivity and increased rangeland wildfire frequency.”
Victoria Eavis is a reporter for the Montana State News Bureau. She previously worked for the Casper Star-Tribune in Wyoming, covering state politics and Liz Cheney’s fall from power. She can be reached at victoria.eavis@helenair.com.
Love
0
Funny
0
Wow
0
Sad
0
Angry
0
Sign up for our Crime & Courts newsletter
Get the latest in local public safety news with this weekly email.
* I understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy.
Victoria Eavis
State Bureau Reporter
Get email notifications on {{subject}} daily!
Your notification has been saved.
There was a problem saving your notification.
{{description}}
Email notifications are only sent once a day, and only if there are new matching items.
Followed notifications
Please log in to use this feature
Log In
Don’t have an account? Sign Up Today