Latest news with #Gianforte
Yahoo
30-05-2025
- Business
- Yahoo
Governor vetoes ‘river census' bill, sponsor pushes for override
A Montanan cools off in a shallow stretch of the Clearwater River. (Keila Szpaller/The Daily Montanan) Gov. Greg Gianforte vetoed a 'river census' bill, arguing the work to collect data can be done in a 'more cost effective manner,' but the sponsor said a special revenue account has the money, and Montana needs clarity about river use. House Bill 762 would require Montana Fish, Wildlife and Parks to produce a report of all watercraft, from rafts to inflatable flamingoes, along 966 miles of 16 rivers in the state. Rep. Joshua Seckinger, a river guide, said the legislation is necessary because rivers are busy, and attempts have been made to regulate them, but with only anecdotal evidence, not hard data. In his veto letter, however, Gianforte argued the cost of the river census was much too high, and the project too large, although he said the bill is 'well intended.' 'House Bill 762 drains $2.6 million from the state parks account, which would otherwise be used to address important infrastructure projects at our state parks, including maintenance backlogs,' Gianforte said in his veto letter. The bill had bipartisan sponsorship. It earned 102 approvals altogether in its final votes in both chambers — 29 in the Senate and 73 in the House. Support from two thirds of the Montana Legislature triggers an automatic veto override poll from the Secretary of State. Friday, a spokesperson for the Secretary of State's office could not be reached via email about the status of polling. Friday, the bill wasn't among the list of those currently being polled. However, in a letter to his colleagues, Seckinger, D-Bozeman, said he hopes they consider overriding the veto. He said he respectfully disagrees with the governor's assessment the bill 'took too big a bite at the apple.' 'First, there is no additional cost to taxpayers,' Seckinger wrote. 'The bill would have been funded entirely from a special revenue account within FWP, which is supported by vehicle registration fees, the cannabis excise tax, and state park registrations. 'Even with HB 762, this fund would have had a $6 million ending balance. Without the bill, the fund's balance will now grow to $8.6 million — unused, and continuing to expand.' In a phone call with the Daily Montanan, Seckinger said he agreed the cost 'was not insignificant.' But if fiscal conservatism is the goal, he said, he would advocate for lowering license plate fees, cannabis taxes, and the other sources of funds for the account. In his letter, Seckinger also said the bill would have provided a 'comprehensive understanding of river use,' and objective, baseline data is needed — 'and we need it soon.' (A separate study out of Montana State University will review popular river stretches not included in the bill.) In his veto letter, Gianforte, a Republican, agreed that river usage 'has increased dramatically in recent years.' However, he said he believes the state can achieve the same goal over a longer period, potentially using a pilot program to study a portion of the river stretches in the bill. 'The idea of a pilot program is just an example, and over the course of the interim, I look forward to working with the bill sponsor, members of the Legislature, and FWP officials to find a more cost effective way of addressing this important need,' Gianforte said in the letter.
E&E News
28-05-2025
- Business
- E&E News
Montana lawmakers blunt group's historic court win on climate
Climate activists scored a pair of landmark legal victories in Montana over the past two years, giving momentum to similar youth-led efforts across the globe. Now state lawmakers have responded by targeting the Montana Environmental Policy Act (MEPA), which helped propel the young activists to a courtroom win after they argued the law violated their constitutional right to a healthy environment. Montana Gov. Greg Gianforte, a Republican, signed a package of bills into law this month that rewrite sections of the 1971 law. Flanked by Republican lawmakers and the state's top environmental appointee, Gianforte said the legislation 'reduces red tape and provides certainty to small and large businesses across our state.' Advertisement The measures that were added to the law restrict the scope of environmental reviews related to greenhouse gases and declare that the analyses are for informational purposes only and can't be used to deny permits. 'No more fantasyland ideas from climate crusaders who think Montana can run on solar panels and wishful thinking,' state Sen. Wylie Galt said at a Republican leadership press conference as the bills advanced. Environmentalists, however, said the changes put the state increasingly at odds with the courts. 'They are attempting to unwind what is constitutionally guaranteed,' said Derf Johnson, deputy director of the Montana Environmental Information Center. 'Once again, we're passing laws that are clearly problematic in terms of what our constitution requires.' Republicans in the state House and Senate acknowledged that the legislation was a response to the state's loss in Held v. Montana, which Galt called a 'present to radical environmental activists.' In the case brought by 16 young people, a state court declared in August 2023 that lawmakers had violated the Montana Constitution by barring state agencies from considering the climate effects of fossil fuel projects. At issue was the Legislature's decision in 2011 to revise MEPA to exclude consideration of out-of-state climate emissions when weighing whether to approve projects such as power plants. In-state climate emissions were excluded by the Legislature in 2023, before the case went to trial. Later that year, Judge Kathy Seeley of the 1st Judicial District Court in Montana struck down the two emissions-related measures that were added to the environmental policy act, finding that youth in the state have a 'fundamental constitutional right to a clean and healthful environment.' The 2023 ruling was a major victory for the young people, who made history by securing a win in the nation's first climate trial brought by young plaintiffs. It also boosted other climate litigation, including a similar lawsuit in Hawaii that was settled last June when state officials reached an agreement with the youth. And it was upheld in December by the Montana Supreme Court, which found that the delegates who wrote the 1972 Montana Constitution intended to provide 'the strongest environmental protection provision found in any state constitution.' Neither ruling sat well with Republican lawmakers — who had filed their own friend of the court brief urging the high court to reject the case. 'In that Held decision, it was kind of like we had — and I'm going to say something a little spicy — a bunch of little Greta Thunbergs, it seemed like,' state Rep. Randyn Gregg, a Republican, said on a podcast in January as the legislative session opened. Held v. Montana 'didn't just make headlines, it sent shock waves through Montana's economy,' said state Rep. Greg Oblander, a Republican, calling it an 'open invitation for activists to weaponize our environmental laws against the very industries that keep Montana running.' 'Weaponizing and litigation' Republicans proposed a package of bills to counter the court rulings, arguing that MEPA was intended to provide guidance to government officials — not serve as a means to deter coal, oil and gas projects. 'In the Held v. Montana court case, they tried to twist MEPA into something it was never meant to be — a tool to deny permits and block development,' state House Speaker Brandon Ler (R) said as Gianforte signed the package into law earlier this month. Ler, who sponsored one of the bills, said his legislation underscores the idea that environmental reviews are only procedural: 'It's a way to gather facts, weigh impacts and make informed decisions — not dictate them,' he said. 'We're making it clear that Montana's environmental policy is about informed decision-making, and not weaponizing and litigation.' Most Montana environmental laws begin with a reference to the state constitution, but Ler's bill strikes that language from MEPA. Another bill sets guidelines for MEPA assessments, narrowing the scope so that it does not not include greenhouse gas emissions beyond the boundaries of a proposed plant. That would mean a coal mine's exports wouldn't be a factor, for example. A third bill does not revise MEPA, but prevents the state from adopting any clean air standards that are more stringent than federal ones. A parade of fossil fuel interests, business groups and unions supported the measure. Federal standards 'are more than adequate,' Dan Brooks of the Billings Chamber of Commerce told lawmakers. Eva Lighthiser, one of the 16 young challengers who testified at the Held trial, told lawmakers that it was wrong to prevent the state from regulating harmful greenhouse gases. 'This bill goes against our constitutional right to a clean and healthful environment,' she said. 'This bill evades the state's responsibility to uphold our constitutional rights.' Other legislative efforts aimed at blunting Held were not as successful. Less than a month after the Montana Supreme Court upheld the Held decision, the court cited the decision in a ruling that determined state officials had not conducted an adequate review of a controversial gas-fired power plant. That ruling, along with the court's decision to uphold Held, prompted lawmakers to call for partisan judicial elections, as well as a new court that would focus on business interests. Neither of the measures passed the Legislature. Our Children's Trust, the public interest law firm that represented the young people in Montana, said it plans to stay active in the state. 'The disdain lawmakers showed for the decision really affirms it's a momentous decision and will have significant effects in Montana,' said Nate Bellinger, supervising senior staff attorney at the Oregon-based firm. He noted that lawmakers did not alter the constitution, which says public officials have a constitutional duty to protect people's right to a clean and healthful environment. 'We will continue to be there, to help represent youth and enforce and uphold the right to a clean environment,' Bellinger said. 'If that means follow-up litigation, that's what it means.'
Yahoo
23-05-2025
- Politics
- Yahoo
It's the call of duty for Knudsen, Gianforte
A picture of a sprinkler on grass (Photo by Michael Mol via Flickr | CC-BY-SA 2.0). Montana's public officials take an oath of office when they assume their positions. This is not optional and is required by Montana's Constitution: Article III – General Government – Section 3. Oath of office. Members of the legislature and all executive, ministerial and judicial officers, shall take and subscribe the following oath or affirmation, before they enter upon the duties of their offices: 'I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).' Now, it appears that another enclave for the mega-wealthy is defying both Montana's water rights laws and the constitution — and so far, they're getting away with it as Gov. Greg Gianforte and Attorney General Austin Knudsen are lax in upholding their sworn duty 'to protect and defend' our constitution. As reported this week, the Crazy Mountain Ranch is an 18,000 acre super-upscale development by 'Lone Mountain Land Co., a subsidiary of CrossHarbor Capital Partners, a private-equity firm behind the development of the equally exclusive Yellowstone Club, Spanish Peaks Mountain Club and Moonlight Basin Resort at Big Sky.' By now Montanans are deep into learning the hard lessons that those with big money tend to do what they want, following the old adage that 'it's easier to ask forgiveness than permission.' And in this case, neither permission nor forgiveness are even being asked for — merely a 'we'll do what we want and if you don't like it, sue us.' But there's another old adage in the West that's equally applicable here: 'Whiskey is for drinking, water is for fighting.' And while the monied clients of the 'ranch' may be eating thick steaks and sipping old whiskey, the multi-generational ranchers whose water rights are threatened are 'lawyering up' and fighting — and they could use some help from the governor and attorney general. In short, the Crazy Mountain Ranch spent a million bucks to 'lay turf' on a 112-acre golf course — and they have stated their intention to water that high-price turf with or without state-approved rights to the water, even openly admitting they did so last year and intend to do so this year. There's a word for these kinds of people, and that word is 'scofflaws.' The same constitution both Gianforte and Knudsen swore to uphold is clear: 'All surface, underground, flood, and atmospheric waters within the boundaries of the state are the property of the state for the use of its people and are subject to appropriation for beneficial uses as provided by law.' Despite wearing cowboy boots and jeans, Gianforte is not a rancher and may not understand the complexity of the Prior Appropriation Doctrine. But Attorney General Austin Knudsen, who was raised in Culbertson in rural Roosevelt County, surely knows that water is the lifeblood of ranching in Montana. As former Speaker of the House, he is also well acquainted with the state's water rights laws — and the need to either follow those laws or be back to killing each other with shovels on irrigation diversion ditches. If these mega-wealthy developers want to defy Montana's water laws, then let them take on the State and all Montanans, not just a handful of old ranchers they can easily outspend. Comes now the 'call of duty' to Gianforte and Knudsen to honor their oaths 'with fidelity,' protect the state's water rights system, and immediately move to shut down the irrigation of the elite scofflaws' 'turf.'
Yahoo
23-05-2025
- Politics
- Yahoo
Montana National Guard general to retire in June, Governor names replacement
Major General Pete Hronek, the Adjutant General for the Montana National Guard visited troops at Fort Harrison during a training exercise with sister Guard units and the Special Operations community on February 27th, 2025. Montana training facilities offer unique opportunities for out of state units to conduct high altitude, mountain warfare, and cold weather training. Joint partnerships such as these enhance the readiness of the Montana National Guard by sharing information and practices across the force allowing our Soldiers to deploy anywhere at any time. Photos courtesy of SSG Billy Topaz and SGT Preston Stevens, 103rd Public Affairs Detachment. Major General J Peter Hronek, the Adjutant General of Montana's National Guard, will retire on June 7, following a 40-year military career. Montana Gov. Greg Gianforte on Tuesday announced the leadership change at the Department of Military Affairs, and the appointment of Col. Trenton J. Gibson as the new adjutant general for the state, the highest ranking state military officer. 'I'm grateful to General Hronek for his service to the State of Montana. Under his leadership, the men and women of the Montana National Guard have had a true public servant guiding them and their efforts,' Gianforte said in a press release. 'From helping Montanans recover from disasters to recruiting Montanans to serve their country as a member of the Guard, General Hronek has served Montana with steadfast dedication. I wish him great success as he embarks on this next chapter of his life.' Gianforte appointed Hronek in December 2020 following a stint serving in Washington D.C. Hronek began his military career as a pilot in 1985 and has been with the Montana National Guard since 1986. He served three combat tours in Saudi Arabia and Iraq. 'I have been honored to lead the outstanding soldiers, airmen, and Department of Military Affairs professionals. I am so proud to see them empowered and ready to serve at the next level. They have enhanced their missions and brought on new capabilities to our nation and state. As a result of our efforts, the Montana National Guard is in a better position than ever before to recruit and retain our members,' Hronek said in a press release. Following Hronek's retirement next month, Gibson will take over as the leader of Montana's military force. Gibson, according to the state's press release, began his military career with the Montana National Guard in 1995 and currently commands the 1889th Montana Army National Guard Regional Support Group in Butte. He also has served as director for the Montana National Guard Youth Challenge Academy since 2018. 'I thank Major General Hronek for his honorable service to our state and nation and his steadfast leadership of the Montana National Guard. I appreciate Governor Gianforte offering me the honor and privilege of serving in this capacity,' Colonel Gibson said. 'The Montana National Guard and the Department of Military Affairs are home to exceptional professionals, and I have been blessed to serve in both organizations for over 25 years. I also thank my family for their support and sacrifice as I step into this critical role.' The Montana National Guard comprises 2,290 soldiers stationed in 16 different communities across Montana. Montana's National Guard has been in the news recently after three Army National Guard members were cited for criminal trespassing after allegedly landing a UH-60 Black Hawk helicopter on private property near the Crazy Mountains. The Big Timber Pioneer first reported on the incident, in which the guardsmen collected elk antlers and a skeletonized head with antlers, according to the Sweet Grass County sheriff's office. The Montana National Guard said the troops had been on a training flight from Billings to Helena, and turned over the antlers to the Montana Department of Fish, Wildlife and Parks. One of the three guardsman charged with misdemeanor trespassing is also a Montana Highway Patrol trooper. In a statement about the alleged incident last week, Hronek said an internal investigation was underway. 'If true, this behavior does not align with the values of the Montana National Guard. Misuse of military equipment erodes the trust we strive to uphold with the people of Montana,' Hronek said. 'Every member of the Montana National Guard is expected to uphold the highest standards of integrity, responsibility, and respect for the law.' A spokesperson for the governor's office said Hronek's retirement is 'in no way related to the current events of the department.'
Yahoo
21-05-2025
- Politics
- Yahoo
Gianforte vetoes bills that would have limited executive, judicial privilege
Photo illustration by Getty Images. Gov. Greg Gianforte vetoed two bills respectively designed to make the executive and judicial branches of government more transparent to the public — but acknowledged the public's strong right to know in the Montana Constitution. In a veto letter, Gianforte also acknowledged his frustration with 'judicial activism.' House Bill 271 was aimed at ensuring transparency by the executive branch by limiting 'executive privilege,' or the governor's power to withhold specific government information. Senate Bill 40 would have required Montana Supreme Court deliberations to be recorded and, after a case closed, be made available to the public. Gianforte, a Republican, vetoed both bills on Friday using similar rationale, and proponents of HB 271, including the bill sponsor, soon pushed back against 'secret decisions' made by the executive branch. However, University of Montana law school faculty member Constance Van Kley said the rationales offer consistency, and she said members of the public don't lose any rights to information and remain free to request government documents. 'Fundamentally, what it reinforces is that … the existence of privileges from the right to know raises constitutional questions, and the scope of any privilege that is asserted against the right to know raises legal questions,' Van Kley said. In his veto letters, the governor said although the Montana Constitution 'contains some of the strongest — if not the strongest — rights to public information,' limitations exist. He said during the 1972 Montana Constitutional Convention, delegates acknowledged that privileges, 'such as judicial privilege,' shape the scope of the right to know, or allow for some information to be protected. Gianforte said legislators passed SB 40 'in response to rampant judicial activism,' and he understands and shares their 'deep frustration' and sees it 'as a threat to our constitutional order.' 'Time and time again, judges across Montana issue rulings that infringe on the Legislature's policymaking authority and a governor's ability to faithfully execute the laws,' Gianforte said in the letter. 'The effect of Senate Bill 40, however, will chill candor among justices against the public's interest and weaponize those discussions in future litigation. 'Legal arguments will no longer be properly focused on majority decisions of the court and discussion among justices may become less honest and robust.' Van Kley said the delegates in 1972 generally wanted openness in government, but with limits. 'At the Constitutional Convention, the delegates were really focused primarily on transparency and not exceptions to transparency,' Van Kley said. 'However, they did recognize that judicial deliberations were generally not open to the public already, and so that did seem to be on the delegates' minds as an exception to the transparency provision.' The governor used a similar argument in his veto of HB 271, although he also cited the Montana Supreme Court's order in O'Neill vs. Gianforte. In that case, a citizen and former government official, Jayson O'Neill, sued the Governor's Office after it would not provide him forms used to track legislation, citing executive privilege and the need for candor in decision-making. The Supreme Court found a gubernatorial privilege is 'necessary to the integrity of government,' but it also said it is not an absolute privilege, and the governor must meet 'a high bar' to keep information private. In the veto letter, the governor said HB 271 attempts to repeal a 'constitutional privilege,' and signing it into law would be contrary to the public interest. 'House Bill 271 categorically limits a governor's constitutional expectation of privacy where he is executing his constitutional duties,' Gianforte said in the letter. Democrat Rep. Ed Stafman of Bozeman sponsored the bill, and he said earlier this year that it would 'restore transparency and open government in the executive branch to what it has consistently been for at least 50 years.' In the earlier interview, Stafman also said Montana hadn't previously recognized executive privilege, the Supreme Court crafted a narrow decision based on common law, and the Legislature has the authority to overturn common law through statute, which his bill aimed to do. In a statement this week about the veto, Stafman said it allows a backslide in Montana's history of open government. 'Even as the judicial and legislative branches become more transparent, if we let the executive branch become the place where secret decisions are made and deals are cut, then that's where the public's constitutionally protected 'right to know' will die,' Stafman said. The Right to Know in Article II Section 9 of the Montana Constitution states the following: 'No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.' House Minority Leader Katie Sullivan, D-Missoula, also said Montana's governor answers to the people, and previous governors, both Democrats and Republicans, have made documents available to the public. 'But Gov. Gianforte now sees himself above the law,' Sullivan said in a statement. 'He is hiding documents from the public, battling transparency requests in court, bending the rules, and making new ones, all to hide from the people. What is he hiding?' Van Kley said it would be difficult for other branches of government to claim privilege if HB 271 became law and was found to be constitutional. That's because, according to one view of privilege, it's reasonable to expect that privileges among branches 'should be roughly equivalent to each other,' said Van Kley, with the UM Alexander Blewett III School of Law. Van Kley argued on behalf of plaintiff O'Neill in front of the Montana Supreme Court, so would speak only generally about the Constitutional issues it raised when contacted by the Daily Montanan on Tuesday. In his veto letter, Gianforte discussed the same: 'The Legislature itself has legislative privilege. Senate Bill 40 upsets the separation of powers by eroding the privilege of one branch of government while retaining it in another.' Van Kley said the veto letter outlines a legitimate view of the separation of powers, and it is consistent with the veto letter for SB 40 which claims the judicial privilege is grounded in the separation of powers. The order from the Montana Supreme Court, however, said gubernatorial privilege is among the 'candor privileges,' such as those protecting the confidential relationship between a priest and churchgoer. The order said those privileges are rooted not in separation of powers but in the 'historical and practical need of society for candor between individuals and those from whom they are seeking counsel,' including government officials. Van Kley also said the vetoes take off the table any questions about the constitutionality of the bills, and she said a citizen can still request records and claim a constitutional right to examine documents in Montana. 'The veto is not going to privilege any documents that aren't already privileged,' Van Kley said. Now that a court ruling recognizes executive privilege 'to some degree,' Van Kley said she expects specific questions to emerge and end up litigated. In January 2025, the Montana Supreme Court directed the district court to do a private review of the documents O'Neill had requested to determine whether they were protected or could be released to the public. The case was filed in 2021 and is pending. Sen. Greg Hertz, R-Polson, sponsored SB 40, and he could not be reached for comment Tuesday by voicemail.
