Senate Bill 221: streamline the greenhouse gas emissions assessments
Author: Senator Wylie Galt, Senate District 39
Senate Bill 221: Streamline the Greenhouse Gas Emissions Assessments
Senator Wylie Galt
Senate District 39
On December 18th, 2024, the Montana Supreme Court ruled in favor of the plaintiffs in the Held v. Montana case. That case was the first constitutional climate change trial in the nation, and the court ruled that Montana’s youth have a “fundamental constitutional right to a clean and healthful environment.” However, the ruling also reversed two Montana statutes that added conditions to the Montana Environmental Policy Act (MEPA), including a prohibition on state agencies considering greenhouse gas (GHG) emissions and additional impacts in environmental reviews.
With the Held decision, the court not only reached beyond its judicial boundaries, they also failed to offer clear guidance or direction to the state on how to appropriately include GHG emissions in their environmental reviews. As a result, there is widespread uncertainty about the standards, which will cause unnecessary delays and costly procedures to determine the court’s desired outcomes.
To provide the state with necessary direction and support, I introduced Senate Bill 221 in the Senate on Monday, aiming to streamline the greenhouse gas emissions assessments under MEPA. This bill offers clarity by defining "greenhouse gas emissions" and declaring when GHG assessments must be included, may be included, or do not need to be included in an agency's environmental review, ensuring that evaluations are consistent and reasonable. This measure also adds simplicity to the assessments that our mining and energy organizations will have to prepare for fossil fuel production, creating less burdensome regulations for these industries to follow.
SB 221 further aims to give guidance to the state by adjusting what must be reviewed under MEPA, specifying that an agency must review "proximate" environmental impacts and adverse effects. The bill also directs the Department of Environmental Quality to create a document to guide GHG assessments that will be open to public review.
All in all, the proposal ensures that Montana's environmental assessments for fossil fuels are clear, efficient, and based in common sense. This keeps environmental stewardship grounded in Montana values while avoiding unnecessary regulations that hurt our economy and our way of life. I am passionate about this legislation, and I am grateful for the support that I have received throughout the process. With the passage of this bill, the State of Montana will satisfy the overreaching arms of the courts and support the preservation of our Last Best Place.”
Submission by: Senator Wylie Galt (Senate District 39): 406-220-0157: P.O. Box 2, Martinsdale, MT 59053
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