(Kyle Schumach – MT House) – The state legislature filed an amicus brief in the case of Held v Montana, pending before the Montana Supreme Court.
Republicans Senator Jason Ellsworth of Hamilton and House Speaker Matt Regier assert in the brief the Legislature is given express responsibility to enact the ‘right to a clean and healthful environment’ per the Montana Constitution. They argue the District Court ignored a relevant article in the constitution that led to an invalid delegation of legislative authority.
Two bills are challenged in the case, House Bill 971 & Senate Bill 557, prohibiting the Department of Environmental Quality (DEQ) from evaluating greenhouse gas emissions under the Montana Environmental Policy Act (MEPA).
The Legislators also argue the District Court is incorrect to conclude DEQ could make the evaluation, even if the bills were to be struck down. The Legislature has not given DEQ such authority, nor can it constitutionally delegate policymaking to the department.
