17 groups ask Montana court to review utility climate orders

Seventeen organizations filed suit in Missoula County on October 15, 2026, asking a Montana court to review the Public Service Commission’s denial of requests for climate-related rulings in utility regulation. The petition names the commission and the Department of Public Service Regulation as respondents.

The plaintiffs ask the Fourth Judicial District Court to declare that the commission has constitutional duties to account for climate costs and risks in its decisions and take reasonable steps to avoid them. They also ask the court to vacate two agency orders: the commission’s September 19, 2025, final order and its September 15, 2026, reconsideration order. Those are the plaintiffs’ claims; the court has not ruled on them.

Earthjustice and the Western Environmental Law Center represent the organizations. The named plaintiffs are groups, not individual utility customers. The complaint alleges that some members, supporters or constituents of the organizations are customers of regulated utilities and may be affected by commission decisions.

How the dispute reached court

The dispute began with an administrative petition filed with the commission on February 28, 2024. The complaint says 42 organizations, businesses, health professionals, faith communities, student groups and individuals signed that petition, which was filed as PSC Docket 2024.03.028. They asked the commission to issue declaratory rulings about its climate-related responsibilities.

The commission voted to deny the petition on September 2, 2025, then issued its final written order on September 19, according to the complaint. It denied reconsideration on September 15, 2026. The plaintiffs say that reconsideration denial made the agency decision final for purposes of appeal and ready for district-court review.

The original administrative petition also sought rulings on statutory duties under seven provisions of Title 69, the complaint says. The current lawsuit invokes the Montana Constitution and the Montana Administrative Procedure Act. The plaintiffs argue that the constitution requires the commission to account for climate costs and risks in utility decisions.

The constitutional question remains disputed

The plaintiffs cite the Montana Supreme Court’s decision in Held, which recognized that the constitutional right to a clean and healthful environment includes a stable climate system. Held did not resolve whether the PSC has the specific regulatory duties asserted in this new case.

The Public Service Commission regulates rates and service quality for investor-owned utilities, including electric and natural-gas companies. In the earlier administrative proceeding, commission counsel argued that the agency lacked authority to declare what the Constitution requires of it, the Daily Montanan reported.

The lawsuit initiates judicial review but does not itself grant the requested relief. It has not changed utility rates or operations, and no change to pending commission proceedings is established. Whether the commission has the duties alleged by the plaintiffs remains for the court to decide.