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The Buckeye Institute Calls on Montana Supreme Court to Leave Policy Making to Lawmakers

Feb 20, 2024

Columbus, OH – On Tuesday, The Buckeye Institute joined with Frontier Institute in filing an amicus brief in Held v. Montana, calling on the Montana Supreme Court to leave environmental policy-making to the legislative branch—the branch of government designed to balance competing public interests.

“The real question raised by this case is what role the courts should play in developing public policies to address global climate change. The answer is none,” said Andrew M. Grossman, a senior legal fellow at The Buckeye Institute and a partner in BakerHostetler’s Washington, D.C., office. “There simply is no judicial body capable of adjudicating the multifarious issues raised by global climate change, and there is no court that can bind the international community to its decisions.”

In the brief, the groups argue that “[c]limate change is a global policy issue and must necessarily be addressed by political actors who have the power to forge national and global policy responses.”

“Upholding the Held v. Montana decision could unleash endless litigation on nearly all economic activity in Montana, providing the ultimate veto authority to radical groups determined to stop our most critical projects. We and our co-signers believe this has serious implications for the rule of law and future economic prosperity,” said Kendall Cotton, president and CEO of Frontier Institute.

In addition to The Buckeye Institute, the Montana Association of Oil, Gas, and Coal Counties; Montana Coal Council; Montana Mining Association; Montana Taxpayers Association; United Property Owners of Montana; and Westmoreland Mining LLC joined the Frontier Institute brief.

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