Colorado Politics

Montana’s top court upholds landmark greenhouse gas ruling | OUT WEST ROUNDUP

MONTANA

High court upholds ruling in climate case

HELENA — Montana’s Supreme Court on Dec. 18 upheld a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by permitting oil, gas and coal projects without regard for global warming.

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The justices, in a 6-1 ruling, rejected the state’s argument that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change, likening it to asking: “If everyone else jumped off a bridge, would you do it too?”

The plaintiffs can enforce their environmental rights “without requiring everyone else to stop jumping off bridges or adding fuel to the fire,” Chief Justice Mike McGrath wrote for the majority. “Otherwise the right to a clean and healthful environment is meaningless.”

The lawsuit filed in 2020 by 16 Montanans —who are now ages 7 to 23 — was considered a breakthrough in attempts by young environmentalists and their attorneys to use the courts to leverage action on climate change.

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During the 2023 trial in state District Court, the young plaintiffs described how climate change profoundly affects their lives: worsening wildfires foul the air they breathe, while drought and decreased snowpack deplete rivers that sustain farming, fish, wildlife and recreation and affect Native traditions.

Going forward, Montana must “carefully assess the greenhouse gas emissions and climate impacts of all future fossil fuel permits,” said Melissa Hornbein, an attorney with the Western Environmental Law Center and attorney for the plaintiffs.

Republican Gov. Greg Gianforte said the state was still reviewing the decision, but warned of “perpetual lawsuits that will waste taxpayer dollars and drive up energy bills for hardworking Montanans.”

WYOMING

Ban on ballot drop boxes sought

CHEYENNE — Secretary of State Chuck Gray announced on Dec. 19 he is working closely with Wyoming lawmakers to promote his election integrity proposals in the upcoming 2025 general session, including a statewide ban on ballot drop boxes and requiring proof of citizenship.

With a Wyoming Freedom Caucus majority in the House of Representatives following the general election, Gray said he’s confident he will have “probably 35 votes at least” out of the 62 members in the lower chamber in support of his proposed legislation.

Rep. Chris Knapp, R-Gillette, the next chair of the House Corporations, Elections and Political Subdivisions Committee, and incoming freshmen Cheyenne Republican Reps.-elect Steve Johnson and Gary Brown were present at a conference with Gray and spoke in support of Gray’s proposals.

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Both Johnson and Brown recalled meeting with voters on the campaign trail who have lost confidence in Wyoming’s elections.

Wyoming law requires all ballots to be “mailed or delivered to the clerk.” Last summer, Gray sent a letter to all Wyoming county clerks calling for the removal of ballot drop boxes, which he found to be in violation of this statute.

Currently, a person who registers to vote in Wyoming must provide a valid driver’s license. If they do not have one, they have to provide the last four digits of their Social Security number and an additional acceptable ID.

The 2025 general session will begin on Jan. 14.

Economic outlook called strong to mixed

Wyoming’s economic outlook for the new year is mixed, with experts predicting challenges in natural resources and mining, the financial sector and agriculture.

In other sectors, like manufacturing, travel and tourism, and construction, experts foresee a strong 2025.

Economist Anne Alexander, who led the second annual statewide economic outlook study conducted by the University of Wyoming’s Center for Business and Economic Analysis, described the outlook for most sectors as “strong to steady” but said an ongoing decline in coal mining, driven by both regulations and the market, “looms large.”

In 2025, the natural resources and mining industry is predicted to make up 7.6% of Wyoming’s employment sectors, whereas in 2014, the industry accounted for 12.06%. The forecast notes that Wyoming’s economy has, for decades, been based on boom-and-bust cycles, from coal-fired steam engines to natural resources that have “ebbed and flowed.”

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Wyoming Business Council CEO Josh Dorrell said the continued downturn, which began over a decade ago, has a two-fold impact on Wyomingites. Because much of the state’s workforce works in natural resources, a downturn can affect unemployment rates, drastically changing communities and the career opportunities within them.

According to Alexander, the 40% drop in energy jobs represents a loss of about 10,000 positions.

Wyoming also continues to experience a large outmigration of college-educated youth, with around 37% of UW alumni who graduated between 2007 and 2024 still living in Wyoming.

ARIZONA

Canyon de Chelly to ban air tours

CANYON DE CHELLY NATIONAL MONUMENT — Commercial air tours will soon be prohibited over Canyon de Chelly National Monument in northeastern Arizona under a plan approved by the Federal Aviation Administration and the National Park Service.

The park service said in a statement that the plan was was signed Dec. 19 and will take effect in 180 days, barring any legal challenges. It will ban the tours over the park and within a half mile outside its boundary.

“Prohibiting commercial air tours protects these lands’ cultural and spiritual significance to the Navajo Nation,” said park Superintendent Lyn Carranza.

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The park lies within the Four Corners region inside the Navajo Nation and is among the most visited national monuments in the United States. It’s known for its soaring sandstone cliffs and 800-foot high Spider Rock spire. Prehistoric rock art is found throughout the area, which has been home to Native Americans for millennia.

The sightseeing flights reportedly date back to the 1930s, when crews building the Hoover Dam on the Arizona-Nevada border asked helicopter pilots working on the project to give flyovers to their families.

Canyon de Chelly is the last of roughly two dozen national park units where the group Public Employees for Environmental Responsibility had fought for flyover restrictions. Other national parks where such commercial flyovers essentially are or will be banned in coming years include Badlands National Park and Mount Rushmore National Memorial in South Dakota, Glacier National Park in Montana, and Bandelier National Monument in New Mexico.

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