Montana’s energy future is at a crossroads as a coalition of environmental groups heads to court, urging the state’s Public Service Commission (PSC) to integrate climate change considerations into its regulatory decisions. This legal move highlights a growing concern about the role of policymakers in addressing climate impacts.
On Thursday, Earthjustice and the Western Environmental Law Center filed a complaint against the PSC in Missoula County District Court. The complaint asserts a constitutional duty for the PSC to factor in climate risks when making decisions.
“Climate change poses an urgent threat to Montana and its people,” the complaint emphasizes, advocating for a shift from fossil fuel investments to cleaner energy sources. The plaintiffs argue that the PSC has neglected the significant costs of climate change, such as health impacts on asthmatic children and property damage from floods.
The coalition comprises a diverse group of stakeholders, including healthcare providers, youth organizations, and advocates for clean energy and climate action. 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.”
Earlier attempts by over 40 organizations and businesses to prompt the PSC to consider climate impacts in regulation were denied in 2025 and again recently. The PSC, responsible for regulating monopoly utilities, consists of five elected Republican commissioners.
The lawsuit seeks to have the court overturn PSC’s decisions and affirm the commission’s constitutional obligation to consider environmental impacts as part of maintaining a clean and healthful environment. Attempts to reach the PSC for comments were unsuccessful.
In past decisions, the PSC’s legal counsel argued that as an administrative agency, it lacked the authority to interpret the constitution in the manner requested by the groups. Lucas Hamilton, then-chief-legal-counsel, highlighted the challenge of balancing various rights, including access to essential services like water.
The filing groups criticized the PSC for not addressing their petition’s substance over two and a half years, despite making significant decisions like approving NorthWestern Energy’s customer charges for a new generating station.
The legal action follows a December 2024 Montana Supreme Court ruling in Held vs. State of Montana, which affirmed the constitutional right to a clean and healthful environment, including a stable climate system. Sarah Lundquist, executive director of Families for a Livable Climate, noted, “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. It is our responsibility as adults to protect the future our kids deserve.”
Groups filing lawsuit
Earthjustice and Western Environmental Law Center represent 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 in the lawsuit.
Original Story at dailymontanan.com