Montana Supreme Court rules against greenhouse gas emissions regulation prohibition

March 01, 2025 | 2025 Legislature MT, Montana


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Montana Supreme Court rules against greenhouse gas emissions regulation prohibition
The House Natural Resources meeting on March 1, 2025, focused on House Bill 703, which aims to establish guidelines for conducting climate analysis in Montana. This discussion follows a recent ruling by the Montana Supreme Court, which deemed the state's blanket prohibition on evaluating greenhouse gas emissions unconstitutional. The court affirmed that Montanans have the right to a stable environmental review process under the Montana Environmental Policy Act (MEPA).

House Bill 703 is designed to align climate analysis with MEPA's goals while respecting the limitations imposed by federal law. The bill acknowledges the historical context of environmental regulations, referencing significant laws like the Clean Air Act and the Clean Water Act, which were enacted in the 1970s to address air and water quality concerns. These laws often restrict states from regulating environmental issues to maintain a consistent national standard.

Recent federal court decisions have further clarified the limitations on state and local governments regarding greenhouse gas emissions. For instance, the Ninth Circuit Court of Appeals ruled against Berkeley's attempt to ban natural gas appliances, and the Second Circuit dismissed New York City's lawsuit against Chevron for climate change damages linked to out-of-state sources. Additionally, it is established that only California has the authority to regulate car emissions, leaving Montana without such regulatory power.

The implications of these rulings are significant for MEPA's purpose, which is to ensure that the legislature understands environmental impacts when crafting laws and that the public is informed about the state's actions. Given the constraints on regulating greenhouse gas emissions, the meeting underscored the challenges Montana faces in conducting meaningful climate analysis.

In conclusion, House Bill 703 seeks to navigate the complex landscape of environmental regulation while adhering to federal guidelines. The discussions highlighted the need for clarity in how Montana can approach climate analysis within the bounds of its legal authority.

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Scribe from Workplace AI
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