May 18, 2023

Montana and Climate Change

Mark Trexler

I haven't seen much coverage of Montana's new law outlawing the consideration of climate change in state decision-making relating to facility permitting and siting. It seems much broader than North Carolina's legislated willful blindness on sea level rise in 2012. Nor does Montana's law sunset as did North Carolina's.

It's not clear how this will play out, given that Montana decision-making cannot ignore federal legislation like the Clean Air Act and the National Environmental Policy Act, both of which mandate consideration of climate change.

It's all a bit ironic, given that a first of its kind climate change lawsuit by youth plaintiffs based on the Public Trust Doctrine goes to court IN MONTANA in just a few weeks.

Just two more Climate Chess pieces on the board, the first being played by Team No-Urgency, the other by Team Urgency! Joining hundreds of pieces already on the board.

Featured image by Steve Buissinne from Pixabay.



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Mark Trexler


Mark has more than 30 years of regulatory and energy policy experience. He has advised clients around the world on climate change risk and risk management. He is widely published on business risk management topics surrounding climate change, including in the design and deployment of carbon markets. Mark has served as a lead author for the IPCC and holds advanced degrees from the University of California at Berkeley.

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