District Court Judge Grants Montana PSC Motion to Dismiss Petition for Writ of Mandate on "Climate Change Rulemaking Petition"
HELENA, Montana — On September 12, Judge Leslie Halligan, of the Fourth Judicial District Court in Missoula agreed to accept the Montana Public Service Commission’s (PSC) motion to dismiss a petition for a “writ of mandate” filed by a subset of the group of organizations which petitioned the PSC to adopt a new rule governing all Commission decisions relating to electric and natural gas utilities; and seeking certain declarations from the Commission regarding the effects of climate change.
The parties presented oral arguments to the court in Missoula on July 18, 2024. Judge Halligan’s order reads in part:
“The Court hereby grants respondents’ motion to dismiss. On the facts alleged, the Petitioners have not stated a claim upon which relief can be granted. Therefore, the Court dismisses the petition for alternative and preemptory writ of mandate.”
Montana Public Service Commission President James Brown said of the court’s decision, “This was a thoughtfully-considered and well-decided case by Judge Halligan. The court recognizes the value of the collaborative rulemaking process envisioned in the law and affirms the right of state agencies to use this process to make rules in a way that allow agencies to gather the information necessary and to allow time for public input to make rules that make sense for the people of Montana.”
The Commission regulates private investor-owned natural gas, electric, telephone, water, and sewer companies, certain motor carriers, and oversees natural gas pipeline safety and intrastate railroad safety. The Commission works to ensure that Montanans receive safe and reliable service from regulated public utilities while paying reasonable rates.
For more information, visit psc.mt.gov or contact the Commission at 1-800-646-6150. Follow the Commission at Twitter.com/@MT_PSC or visit Facebook.com/MontanaPSC.
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