Advocates presented their arguments on Wednesday in Helena regarding the state’s approval of NorthWestern Energy’s permit for a planned power plant near Laurel.
The Montana Supreme Court convened a full audience to listen to oral arguments in a case revolving around whether the Montana Department of Environmental Quality (DEQ) conducted adequate environmental analysis when granting an air quality permit for the Yellowstone County Generation Station – a 175-megawatt natural gas-fired plant.
Jonathon Ambarian
Last year, a state district judge in Billings nullified the permit following a challenge by environmental groups who claimed that DEQ did not adequately assess issues such as greenhouse gas emissions and the impact of lighting and noise on nearby residents.
In the arguments presented on Wednesday, both DEQ and NorthWestern stood by the permit, urging the Supreme Court to overturn the district court’s decision.
Shannon Heim, NorthWestern’s general counsel, argued that DEQ lacked the authority to regulate greenhouse gas emissions as there are no legal standards for them, hence the permit could not be revoked for this reason.
Jonathon Ambarian
Jenny Harbine, representing the plaintiffs, argued that DEQ must consider broader impacts of projects, including the plant’s emissions in the context of climate change effects in Montana.
Harbine expressed concern that construction could resume and operations could begin without the necessary thorough review if the stay on the district court’s decision continues.
The case also overlaps with Held v. Montana, a climate change lawsuit currently before the Montana Supreme Court, where a law preventing the consideration of greenhouse gas emissions in environmental reviews was ruled unconstitutional.
Jeremiah Langston, representing DEQ, suggested tying the decisions of Held and this case together for clarity on the laws applicable to environmental analysis.
Jonathon Ambarian
Post-hearing, Northern Plains Resource Council organized a rally at the State Capitol emphasizing the need to consider the potential emissions impacts of the Laurel plant.
Attendees at the rally echoed the Montana Constitution’s guarantee of a clean and healthful environment, expressing concerns over health effects on residents near the plant.
Mary Fitzpatrick highlighted the importance of measuring emissions and voiced the need for a closer look at the greenhouse gas emissions from the plant.
John Hines defended the necessity of the Yellowstone County Generating Station for NorthWestern to meet customers’ needs during critical weather conditions, emphasizing the reliability factor compared to solar and wind resources.
Hines also addressed concerns about noise and lighting issues, stating that NorthWestern has taken steps to mitigate them.
