by Anne Hedges
Just when you think the Montana Department of Environmental Quality (DEQ) cannot get any worse, it does. The Montana Supreme Court ruled in January that DEQ must redo the environmental analysis for NorthWestern Energy’s Laurel Generating Station (sometimes referred to as the Yellowstone County Generating Station). The court ruled that DEQ must consider the climate impacts of the 175-megawatt methane gas plant’s emissions in order to comply with Montanans’ constitutional right to a clean and healthful environment, which includes the right to a stable climate. The court also found that DEQ had failed to adequately analyze lighting issues, which are important because the plant is located near residences and the Yellowstone River.
DEQ did not take that court decision seriously. Full stop. DEQ released its revised analysis in early April. It spent 20 pages on a revised analysis of lighting impacts. It spent less than three pages on a purported greenhouse gas analysis (though that analysis wouldn’t suffice for a middle school writing assignment.)
DEQ based its analysis on an internal “fill-in-the-blank” guidance document for analyzing greenhouse gas emissions. That document — which MEIC recently received in a public information request — shows that DEQ has no intention of considering climate impacts as required by the Montana Supreme Court. DEQ’s cursory guidance has generic language for how DEQ measures a facilities’ greenhouse gas emissions and then literally has a blank space for DEQ staff to fill in the numeric quantity of greenhouse gas emissions that are expected each year from the plant.
DEQ followed the guidance, but it utterly failed to analyze the impacts of those emissions. DEQ provided the gas plant’s projected annual emissions (though it doesn’t explain why DEQ’s estimate is lower than NorthWestern’s). The stunner was that it provided just one generic sentence pulled from a 2021 Bureau of Land Management report on the impact of those emissions: “The impacts of climate change throughout the specified region of the state of Montana include changes in flooding and drought, rising temperatures, and the spread of invasive species. (BLM 2021).”
DEQ makes no reference to any of the harmful impacts that BLM projected in the same report including the finding that, “Rising temperatures and recent droughts have killed many trees by drying out soils, increasing the risk of forest fires, or enabling outbreaks of forest insects. In the coming decades, the changing climate is likely to decrease the availability of water in Montana, affect agricultural yields, and further increase the risk of wildfires.” Nor did DEQ follow BLM’s finding in the report that agencies should use the social costs of greenhouse gas to analyze the economic impacts of climate change. DEQ didn’t disclose any economic harm that could result from climate change. Furthermore, DEQ failed to even mention Montana-specific analyses such as the Montana Climate Assessment or economic impact studies on the impacts of climate change on Montana agriculture (Farm Connect Montana 2024) and outdoor recreation (Montana Wildlife Federation 2023).
The Western Environmental Law Center (WELC) and Earthjustice submitted 44 pages of detailed comments on behalf of MEIC and 12 other organizations and businesses that spell out the dozens of ways DEQ’s analysis gets a failing grade.*
DEQ is likely to ignore these comments the same way it ignored the Montana Supreme Court’s requirement that it analyze greenhouse gas emissions for the plant. It appears DEQ is playing a high stakes game of chicken with the future of our state, our health and Montanans’ economic well-being.
*WELC and Earthjustice submitted comments on DEQ’s inadequate analysis on behalf of Montana Environmental Information Center, Helena Interfaith Climate Advocates, Bridger Bowl, Montana Health Professionals for a Healthy Climate, Park County Environmental Council, Northern Plains Resource Council, Climate Smart Missoula, Forward Montana, MontPIRG, Families for a Livable Climate, Environmental Defense Fund, League of Women Voters, Protect Our Winters, and Sierra Club Montana Chapter.
This article was published in the June 2025 issue of Down To Earth.
