The Montana Constitution guarantees the right to a clean and healthful environment now and in the future. In a lawsuit filed last week, 17 environmental, youth and health care groups argue the Montana Public Service Commission, or PSC, is violating that right.
In 2024, multiple groups petitioned the PSC to include climate change in its decisionmaking as it regulates utility rates and services. This September, the PSC denied that petition.
Now the groups are suing. They argue that by not accounting for climate change, the PSC’s decisions can have major environmental, economic and health impacts for Montanans. They’re asking the court to affirm what they say is the PSC’s constitutional duty.
The groups cited a 2024 state Supreme Court ruling that Montanans’ right to a clean and healthful environment includes a stable climate system.
The lawsuit was filed in Missoula County District Court. A PSC spokesperson told MTPR the commission has not yet been served, but "the Department of Public Service Regulation will defend the Commission’s decision.”
