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Montana Supreme Court Divided Over Climate Impact Law in Case Affecting Fossil Fuel Development Considerations

The Montana Supreme Court appears divided in a case that could influence how decisionmakers in the state consider the climate impacts of fossil fuel development. Some of the court’s seven justices appeared skeptical about a Montana law barring state agencies from considering climate change as consistent with a state Constitution guarantee of a clean and healthful environment. Others questioned whether it’s too soon to take up the case, as the lawsuit does not challenge any specific project. The hearing comes a year after a state judge delivered a major victory to a group of young people who argued that the state’s ban on climate considerations violates their constitutional rights.

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