Montana Supreme Court Supports Ability of Public to Access Documents
FOR IMMEDIATE RELEASE: May 29, 2025
MEDIA CONTACTS
Anne Hedges, Montana Environmental Information Center, 406-443-2520, ahedges@meic.org
Bonnie Gestring, Earthworks, 406-546-8386, bgestring@earthworks.org
Helena, MT – On Thursday, May 29, the Montana Supreme Court ruled that public access to government documents is so important that the government should have to reimburse court costs when the government illegally denies access to those documents. Ultimately, the Supreme Court overturned part of a 2023 district court decision that found that the public was not entitled to attorneys’ fees even though the Governor’s office and a state agency had illegally prevented public access to critical public information.
In 2023, the Montana Environmental Information Center (MEIC) and Earthworks won a lawsuit in State District Court against both the Governor’s Office and the Montana Department of Administration (DOA) for denying access to public records regarding the decision of the Gianforte Administration to drop a mining enforcement case against a designated “bad actor” under Montana’s hardrock mining act. The district court ruled in favor of granting access to the records, but denied an award of attorney fees. Upon appeal, the Montana Supreme Court overturned this part of the district court’s ruling, establishing that plaintiffs who prevail in a right to know dispute are due a presumption towards an award of attorneys’ fees.
The Montana Supreme Court wrote, “When a party succeeds in litigation based on a right to know request, it has performed a public service in ensuring that Montana’s government is appropriately transparent and accountable to the people.” Furthermore, “For citizens to be able to enforce the provision against the government, litigation must be accessible; for litigation to be accessible, there should be a basic presumption towards awarding attorney’s fees when the party seeking to enforce the right to know has prevailed on the merits.”
This case sets an important precedent and continues to enforce and protect Montana’s strong government transparency laws.
“Montana’s Constitution guarantees the public the right to know what government is up to. Justice only works when every person has the ability to oversee their government,” said Anne Hedges, Executive Director with MEIC. “This decision will ensure the public can continue to access government documents and will prevent abuse when the government officials refuse to comply with the constitution.”
“This is a big win for government transparency,” said Bonnie Gestring, Northwest Program Director at Earthworks. “Montanans have a constitutional right to review government documents, but this right becomes meaningless if citizens are expected to shoulder the cost of litigation when the government stonewalls a legitimate Right-to-Know request.”
“Montana’s constitution guarantees the right to know what government is up to, and one mechanism for doing so is being able to take government officials and agencies to court,” said Rob Farris-Olsen with the law office of Morrison Sherwood Wilson & Deola, PLLP. “This decision ensures access to justice is truly accessible to all Montanans.”
The conservation organizations were represented by Kim Wilson and Rob Farris-Olsen with the law office of Morrison Sherwood Wilson & Deola, PLLP.
Background:
In November 2021, the organizations requested a number of documents, including communications between Governor Greg Gianforte and Hecla Mining Corporation, including its CEO, Phillips S. Baker Jr. The organizations also requested documents regarding the Gianforte Administration’s influence over the enforcement of the “Bad Actor” case filed against Hecla and Baker in 2018, which was dismissed at the request of DEQ in during Summer 2021.
The records requests were submitted to both the Office of Governor Greg Gianforte and DOA on November 29, 2021, seeking any and all documents, records, emails and other communications related to the enforcement of the Bad Actor provision and communications between the Governor, Hecla Mining Company and its CEO Phillips S. Baker Jr. The Gianforte Administration refused to provide any of the documents relating to the matter. In his order, the judge issued a writ of mandamus, ordering the Governor’s office to release the records within six weeks.
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