Climate Smart Missoula v. Montana Department of Public Service Regulation

Seventeen organizations filed a lawsuit in Montana District Court seeking a declaratory judgment requiring the Montana Public Service Commission “to account for and take reasonable steps to avoid climate costs and risks in accordance with Montana’s constitution.” The organizations also requested that the court vacate as arbitrary, capricious, and unlawful the Commission’s order denying a petition for rulemaking submitted in February 2024 asking the Commission to adopt regulations requiring consideration of information about the climate consequences of Commission decisions. In their lawsuit, the organizations contended that the environmental provisions of the Montana Constitution require the Commission to consider climate change to ensure both that its actions do not violate Montanans’ constitutional rights and also that its actions “satisfy the State’s affirmative responsibility to maintain and improve a clean and healthful environment.”