Montana’s energy future is at the center of a significant legal battle as a coalition of 17 organizations urges the state to prioritize climate change considerations in regulatory decisions. The coalition, represented by Earthjustice and the Western Environmental Law Center, has filed a lawsuit against the Montana Public Service Commission (PSC), seeking judicial intervention to enforce climate-focused regulatory practices.
The lawsuit, submitted to the Missoula County District Court, argues that the PSC has a constitutional duty to integrate climate risks into its decision-making processes. Highlighting the urgent threat climate change poses to Montana, the complaint emphasizes the PSC’s role in either perpetuating fossil fuel investments or promoting cleaner, cost-effective energy alternatives.
The coalition, which includes a diverse array of healthcare providers, youth organizations, and environmental advocates, contends that the PSC’s neglect of climate considerations results in adverse health and economic impacts for Montanans. Amy Cilimburg of Climate Smart Missoula, the lead plaintiff, stated, “When the PSC fails to consider climate change in its decisions, Montanans bear the high costs and risks that come with fossil-fuel electricity, as well as the unaffordable and unconstitutional effects of a changing climate.”
Efforts to prompt the PSC to acknowledge its climate responsibilities began as early as February 2024, when over 40 groups and businesses petitioned for climate impact considerations. Despite these efforts and a subsequent denial in September 2025, the PSC has maintained its stance, claiming it lacks the authority to interpret constitutional requirements regarding climate impacts.
The PSC, composed of five elected Republican commissioners, oversees monopoly utilities in Montana. The lawsuit seeks to overturn the PSC’s decisions, asserting that the commission must adhere to the state’s constitutional mandate to “maintain and improve a clean and healthful environment.”
The legal counsel for the PSC previously argued that, as an administrative body, it could not redefine its responsibilities to include climate change considerations. Lucas Hamilton, the then-chief legal counsel, noted that while the right to a clean environment is constitutional, it coexists with other essential rights, such as access to water services.
The coalition’s lawsuit comes on the heels of the Montana Supreme Court’s December 2024 decision in Held vs. State of Montana, which affirmed the constitutional right to a stable climate system. Sarah Lundquist, executive director of Families for a Livable Climate, emphasized the importance of this legal action, stating, “The Public Service Commission has enormous influence over Montana’s energy future, and we must ensure climate change is at the center of its decisions.”
Groups Involved in the Lawsuit
The legal action is supported by Earthjustice and the Western Environmental Law Center, representing various groups including Climate Smart Missoula, Citizens for Clean Energy, Earthworks, Families for a Livable Climate, Forward Montana, Helena Hunters and Anglers, Helena Interfaith Climate Advocates, Montana Chapter of the American Academy of Pediatrics, Montana Environmental Information Center, Montana Health and Climate, Montana Public Interest Research Group, Montana Renewable Energy Association, NW Energy Coalition, Park County Environmental Council, Renewable Northwest, Sierra Club Montana Chapter, and 350 Montana.
Original Story at www.bozemandailychronicle.com