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Briefs: Climate and the Constitution; Missoula shelter closes; Lake Koocanusa selenium

Utility regulators won't say climate action is a constitutional requirement
Ellis Juhlin

Last year, 40 environmental groups and businesses submitted a petition to Montana’s Public Service Commission. They asked the agency to incorporate climate impacts into its regulation of monopoly utilities, like NorthWestern Energy.

Part of that request requires the agency to recognize it is required to consider climate change under the state Constitution. Specifically, the petitions cited Montanans' right to a clean and healthful environment. The petitioners say failure to address climate change harms people’s health, violating that right.

The PSC voted unanimously this week against declaring there is a constitutional obligation. It said making that kind of a statement would overstep the agency’s authority.

The PSC still must decide on whether it will take up the rulemaking process in response to the petition. The timeline for that remains uncertain.

State regulators deny petition to for higher selenium standard in Lake Koocanusa
Ellis Juhlin

State environmental regulators this week denied a petition to increase the amount of selenium allowed in Lake Koocanusa.

Lincoln County Commissioners in July petitioned Montana’s Department of Environmental Quality to loosen regulations of selenium in Lake Koocanusa. Following a public comment period, the agency denied the commissioners' request.

State and federal regulators set a new standard in 2020. That rule is more stringent than broad federal rules. Selenium concentration in Lake Koocanusa is higher than that standard because of contamination leaching from coal mines in British Columbia.

In their petition, the commissioners said continuing this standard would cause economic hardship to Lincoln County. In its response, DEQ said the petition failed to provide evidence to support that claim.

Selenium is a naturally occurring element, but in higher concentrations it can be toxic for waterfowl, fish, and aquatic life.

An international regulatory commission is currently reviewing the selenium standard disagreement between Montana and Canada.

Missoula homeless shelter closes as pandemic aid ends
Edward O'Brien

A Missoula homeless shelter closed last week. City officials say they helped dozens of people at the Johnson Street Shelter find permanent housing.

The city decided to close the shelter in March following the end of one-time federal pandemic aid.

According to a city press release, the shelter was able to house roughly 50 people.

The city says it’s hard to say how many people didn’t get housing, because the population that used the shelter was always changing.

Missoula Mayor Andrea Davis says her decision to close the shelter was the hardest thing she’s had to do as mayor. Davis says the city and its partners will continue working to find permanent housing for the unhoused.

Ellis Juhlin is MTPR's Environmental Reporter. She covers wildlife, natural resources, climate change and agriculture stories.

ellis.juhlin@mso.umt.edu
406-272-2568
Contact me
Edward O’Brien first landed at Montana Public Radio three decades ago as a news intern while attending the UM School of Journalism. He covers a wide range of stories from around the state.
edward.obrien@umt.edu.  
(406) 243-4065
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