A Montana District Court vacated a permit granted by the Montana Department of Environmental Quality (DEQ) for construction and operation of a gas-fired power plant on the Yellowstone River in eastern Montana. The court found that DEQ violated the Montana Environmental Policy Act (MEPA) by excluding the analysis of greenhouse gas emissions from their environmental review. The court held that DEQ based its decision to exclude this analysis on a misinterpretation of a 2011 statute that provides that an environmental review conducted pursuant to MEPA “may not include a review of actual or potential impacts beyond Montana’s borders” or “actual or potential impacts that are regional, national, or global in nature.” The court found that this provision “does not absolve DEQ of its MEPA obligation to evaluate a project’s environmental impacts within Montana” and that DEQ “must take a hard look at the greenhouse gas effects of this project as it relates to impacts within the Montana borders.” The court also found that DEQ failed to take a hard look at lighting impacts. The permit applicant <a href="https://www.northwesternenergy.com/about-us/news-articles-events/2023/04/07/northwestern-energy-will-appeal-district-court-order-vacating-air-quality-permit-for-yellowstone-county-generating-station">said</a> it would appeal the decision and seek a stay.

Challenge to air quality permit for construction and operation of a gas-fired power plant.

Montana Environmental Information Center v. Montana Department of Environmental Quality

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Montana Court Said Montana Environmental Policy Act Required Consideration of Power Plant’s Greenhouse Gas In-State Impacts

Filed

United States of America

Montana

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Montana Court Said Montana Environmental Policy Act Required Consideration of Power Plant’s Greenhouse Gas In-State Impacts

Policy instrument

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance