A petition was filed by a group of Montana businesses and environmental organizations on Wednesday to urge the Public Service Commission to consider the impacts of climate change on health and the environment, or to formally reject the request. They accused the commission of illegal delays.
Eleven of the original 40 organizations from the February petition have now filed a writ of mandamus in Gallatin County District Court, seeking an order to compel the Public Service Commission to fulfill its duties and make a decision.
In the February 28 petition, the petitioners argued that the PSC must take climate impacts into account, citing a ruling by Judge Kathy Seeley that supported young Montanans in the Held v. Montana lawsuit. This ruling concluded that the state had violated environmental protections by not considering greenhouse gas emissions in its permitting decisions.
The petitioners claim the PSC has gone over its 60-day deadline to begin rule-making or reject the request.
Organizations participating in the mandamus filing include the Montana Chapter of the American Academy of Pediatrics, Bridger Bowl Ski Area, Gallatin Valley Sunrise, and the Montana Environmental Information Center.
“Action needs to happen now,” said Melissa Hornbein, an attorney representing the petitioners. “The longer the state delays addressing the necessary changes to tackle the climate crisis, the more severe the impacts will be and the greater the constitutional violations for Montana citizens.”
The PSC’s deadline to respond to the petition was April 28, but a decision was not reached by then. Instead, after a public hearing on April 8, the commission extended the public comment period until July 1 to gather more information, clarifying that this extension did not constitute formal action on the petition.
David Sanders, PSC Executive Director, stated that the agency is engaging in informal conferences under the Montana Administrative Procedure Act to collect opinions on potential rule-making about climate change considerations in decision-making. Sanders mentioned receiving over 800 comments on the petition and stressed the importance of the extended comment period before determining the next steps.
A filing was submitted on May 9 alleging that the PSC violated a law requiring a response to a rule-making petition within 60 days. The PSC did not directly address this filing at its May 28 business meeting, where a motion to deny the petition was rejected.
If the PSC continues to delay rule-making until October 1, petitioners may face a moratorium on new rule-making before the legislative session begins, potentially postponing a decision for another year.
In a statement released on Wednesday, Nick Fitzmaurice of the Montana Environmental Information Center emphasized that discussions should occur during the rule-making process and that the PSC needs to address the overwhelming scientific evidence and legal authority to initiate rule-making regarding the climate crisis.
