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The Climate Litigation Database

Families for a Livable Climate v. Montana Department of Public Service Regulation

Geography
🇺🇸 United States / Montana
Year
2024
Document Type
Litigation
Part of
Families for a Livable Climate v. Montana Department of Public Service Regulation

About this case

Filing year
2024
Status
Motion to dismiss granted.
Geography
🇺🇸 United States → Montana
Docket number
DV-32-2024-0000525-WM
Court/admin entity
United States → Montana District Court (Mont. Dist. Ct.)United States → State Courts
Case category
State Law Claims (US) → Utility Regulation (US)
Principal law
United States → Montana Administrative Procedures ActUnited States → Montana Utilities Regulation Law
At issue
Lawsuit to compel Montana Public Service Commission (PSC) to act on a petition requesting that the PSC initiate rulemaking to consider harmful climate change impacts in the regulation of public utilities.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
09/11/2024
Motion to dismiss granted.
News outlets reported that on September 11, 2024, a Montana district court ruled against organizations that sought to compel action by the Montana Public Service Commission (PSC) in response to their February 2024 petition requesting that the PSC initiate rulemaking to consider harmful climate change impacts in the regulation of public utilities. KTVH reported that the judge concluded that the PSC complied with state law by commencing an informal rulemaking process in which it was taking comments on the petition.
Decision
06/06/2024
Petition for alternative and peremptory writ of mandamus filed.
Petitioner organizations filed a proceeding in Montana District Court seeking to compel the Montana Public Service Commission (PSC) to act on a petition requesting that the PSC initiate rulemaking to consider harmful climate change impacts in the regulation of public utilities. The rulemaking petition was submitted in February 2024. The petitioners asserted that the PSC had a clear legal duty under the Montana Administrative Procedures Act to deny the petition or initiate rulemaking proceedings within 60 days of submission.
Petition

Summary

Lawsuit to compel Montana Public Service Commission (PSC) to act on a petition requesting that the PSC initiate rulemaking to consider harmful climate change impacts in the regulation of public utilities.

 Topics mentioned most in this case  
Beta

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Group
Topics
Target
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance