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Researched by Industrial Info Resources (Sugar Land, Texas)--Following a lawsuit by two environmental advocacy groups, a Montana judge has vacated a state air quality permit for the natural gas-fired, 175-megawatt (MW) $275 million Yellowstone County Generating Station in Laurel, Montana being built by NorthWestern Energy (Sioux Falls, South Dakota), forcing the company to halt construction.
NorthWestern Energy, a utility company that service South Dakota, Nebraska and Montana, is a subsidiary of NorthWestern Corporation.
The Montana Department of Environmental Quality (DEQ) issued NorthWestern Energy the air quality permit in September 2021, "which allowed the company to initiate construction of this project," said John Hines, vice president of supply and Montana government affairs for NorthWestern, in an April 7 press release. Construction began in April 2022, with the completion originally expected in 2024.
But Michael Moses, a judge at the 13th Judicial District Court in Yellowstone County, ruled the DEQ's permit issuance did not assess the plant's potential greenhouse gas emissions--noting the agency erred in determining the project only needed an environmental assessment rather than a more vigorous environmental impact statement.
"To most Montanans who clearly understand their fundamental constitutional right to a clean and healthful environment, this is a significant project," Moses said in his ruling. He noted the project is 15 miles from Billings, the state's largest city, and would release close to 770,000 tons of carbon dioxide per year. It is important to note Judge Moses is retiring, effective July 1.
NorthWestern Energy criticized the ruling, with Hines saying: This ruling appears to require new criteria to be analyzed, and jeopardizes reliable service for our Montana customers during critical times when customer energy demand is high, the coldest nights and the hottest days, typically times when renewable resources are generating little or no energy." The company plans to seek an immediate stay on the ruling and will appeal the decision.
But the two environmental groups that filed a lawsuit just a month after the air permit was approved--the Montana Environmental Information Center (MEIC) and Sierra Club--applauded the ruling. They challenged the original environmental assessment, arguing the DEQ failed to disclose the project's full impact, especially in regard to drilling under the Yellowstone River to place a pipeline that would supply the plant.
In an April 6 press release, the MEIC said, "Despite NorthWestern's attempts to fast-track necessary regulatory review and limit public engagement, local landowners ... and conservation advocates have consistently asserted their concerns about NorthWestern's proposal to build a methane gas plant adjacent to the Yellowstone River. The plant's critics note that lower-cost clean energy resources are available."
Meanwhile, Earthjustice, an environmental law organization representing the two groups, also applauded the ruling: "DEQ's failure to analyze the negative impacts associated with this proposed gas plant misses a key opportunity to inform responsible choices about our energy future and a transition toward clean, affordable, and reliable renewable energy resources," said Earthjustice attorney Amanda Galvan.
However, Judge Moses dismissed other challenges to the DEQ's review of the Yellowstone County Generating Station, which involved a pipeline, water quality, sulfur dioxide emissions and noise.
The project would generate 175 MW of natural gas-fired power utilizing 18 power-generation systems from Caterpillar Incorporated (NYSE:CAT) (Deerfield, Illinois) and entails installing reciprocating internal combustion engine (RICE) units. Subscribers to Industrial Info's Global Market Intelligence (GMI) project and plant databases can click here for a detailed project report, and click here for a plant profile.
Industrial Info Resources (IIR) is the leading provider of industrial market intelligence. Since 1983, IIR has provided comprehensive research, news and analysis on the industrial process, manufacturing and energy related industries. IIR's Global Market Intelligence (GMI) helps companies identify and pursue trends across multiple markets with access to real, qualified and validated plant and project opportunities. Across the world, IIR is tracking over 200,000 current and future projects worth $17.8 Trillion (USD).
NorthWestern Energy, a utility company that service South Dakota, Nebraska and Montana, is a subsidiary of NorthWestern Corporation.
The Montana Department of Environmental Quality (DEQ) issued NorthWestern Energy the air quality permit in September 2021, "which allowed the company to initiate construction of this project," said John Hines, vice president of supply and Montana government affairs for NorthWestern, in an April 7 press release. Construction began in April 2022, with the completion originally expected in 2024.
But Michael Moses, a judge at the 13th Judicial District Court in Yellowstone County, ruled the DEQ's permit issuance did not assess the plant's potential greenhouse gas emissions--noting the agency erred in determining the project only needed an environmental assessment rather than a more vigorous environmental impact statement.
"To most Montanans who clearly understand their fundamental constitutional right to a clean and healthful environment, this is a significant project," Moses said in his ruling. He noted the project is 15 miles from Billings, the state's largest city, and would release close to 770,000 tons of carbon dioxide per year. It is important to note Judge Moses is retiring, effective July 1.
NorthWestern Energy criticized the ruling, with Hines saying: This ruling appears to require new criteria to be analyzed, and jeopardizes reliable service for our Montana customers during critical times when customer energy demand is high, the coldest nights and the hottest days, typically times when renewable resources are generating little or no energy." The company plans to seek an immediate stay on the ruling and will appeal the decision.
But the two environmental groups that filed a lawsuit just a month after the air permit was approved--the Montana Environmental Information Center (MEIC) and Sierra Club--applauded the ruling. They challenged the original environmental assessment, arguing the DEQ failed to disclose the project's full impact, especially in regard to drilling under the Yellowstone River to place a pipeline that would supply the plant.
In an April 6 press release, the MEIC said, "Despite NorthWestern's attempts to fast-track necessary regulatory review and limit public engagement, local landowners ... and conservation advocates have consistently asserted their concerns about NorthWestern's proposal to build a methane gas plant adjacent to the Yellowstone River. The plant's critics note that lower-cost clean energy resources are available."
Meanwhile, Earthjustice, an environmental law organization representing the two groups, also applauded the ruling: "DEQ's failure to analyze the negative impacts associated with this proposed gas plant misses a key opportunity to inform responsible choices about our energy future and a transition toward clean, affordable, and reliable renewable energy resources," said Earthjustice attorney Amanda Galvan.
However, Judge Moses dismissed other challenges to the DEQ's review of the Yellowstone County Generating Station, which involved a pipeline, water quality, sulfur dioxide emissions and noise.
The project would generate 175 MW of natural gas-fired power utilizing 18 power-generation systems from Caterpillar Incorporated (NYSE:CAT) (Deerfield, Illinois) and entails installing reciprocating internal combustion engine (RICE) units. Subscribers to Industrial Info's Global Market Intelligence (GMI) project and plant databases can click here for a detailed project report, and click here for a plant profile.
Industrial Info Resources (IIR) is the leading provider of industrial market intelligence. Since 1983, IIR has provided comprehensive research, news and analysis on the industrial process, manufacturing and energy related industries. IIR's Global Market Intelligence (GMI) helps companies identify and pursue trends across multiple markets with access to real, qualified and validated plant and project opportunities. Across the world, IIR is tracking over 200,000 current and future projects worth $17.8 Trillion (USD).
