by Shannon James
The Montana Department of Environmental Quality (DEQ) recently released its draft greenhouse gas (GHG) guidance, as directed by SB 221 (Sen. Wylie Galt, R-Martinsdale) in the 2025 legislative session. The document is meant to help state agencies assess new projects under the Montana Environmental Policy Act (MEPA). While the draft represents a small but important step forward, it leaves significant room for improvement.
DEQ’s guidance acknowledges credible climate science and Montana’s growing vulnerability to climate impacts, yet major gaps prevent it from meeting MEPA’s requirements or DEQ’s constitutional duty to maintain a clean and healthful environment. The guidance should clearly state that every ton of GHG emissions contributes to both global and local harm. By allowing substantial emission increases without recognizing that atmospheric GHG levels are already critical, the draft risks undermining its own purpose.
The draft also ignores secondary, upstream, and downstream emissions — omitting the majority of emissions from fossil fuel projects. As a result, DEQ’s analyses will fail to reflect the true climate impacts of proposed projects.
In addition, DEQ rejects the use of economic tools such as the Social Cost of Greenhouse Gases, which quantify real-world costs of climate change to Montana’s communities, public health, and natural resources. This metric captures damages from increased fire, flood, and drought — costs that Montanans are already bearing.
Finally, the absence of guidance on mitigation measures and project alternatives contradicts MEPA and the state constitution. The law requires agencies not only to identify potential harm but also to prevent it. Unless revised, DEQ’s future MEPA analyses will fall short of their legal and constitutional obligations.
This article was published in the December 2025 issue of Down To Earth.
