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Tuesday, December 3, 2024

Judge Michael Moses: Montana Department of Environmental Quality didn't take a "hard look" at natural gas plant's regional impact

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A state judge this month stopped construction on NorthWestern Energy's natural gas-fired facility in Laurel, ordering the Montana Department of Environmental Quality (DEQ) to perform a more in-depth examination of the plant's regional impact. In a 35-page judgement, Yellowstone County District Judge Michael Moses ruled in favor of landowners located on Thiel Road who filed a lawsuit against the project in October 2021.  

Judge Moses concluded that the DEQ had not taken a "hard look" at the environmental implications of a 175-megawatt plant, including its emissions of greenhouse gases and lighting. According to the judgement, the DEQ violated the Montana Environmental Protection Act by not doing an analysis on greenhouse gases that contribute to climate change. This infringement occurred despite the fact that these gases are a contributing factor. 

NorthWestern Energy, the largest utility in the state, said in a 2021 press release that it planned to investigate the possibility of a plant on the northern bank of the Yellowstone River in order to satisfy the growing demand for electricity throughout the region.

The energy company has faced criticism from local landowners as well as environmental groups over concerns about potential threats to air and water quality in the area. 

Opponents had an early victory when Judge Moses ordered Yellowstone County to withdraw the energy company's building permit due to a lack of public notification. The permit was later resubmitted and granted by county commissioners.

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