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350 MONTANA v. STATE

DA 22-0319.

529 P.3d 847 (2023)

2023 MT 87

350 MONTANA, Eric Huseth, Abigail Huseth, and Jerome Walker, Plaintiffs and Appellees, v. STATE of Montana and Northwestern Corporation, Defendants and Appellants, and The Montana Department of Public Service Regulation, Montana Public Service Commission, and Does I Through V, Defendants.

Supreme Court of Montana.

Decided: May 16, 2023.

Attorney(s) appearing for the Case

For Appellant State of Montana: Austin Knudsen , Montana Attorney General, Brent Mead , Assistant Solicitor General, Helena, Montana Emily Jones , Special Assistant Attorney General, Jones Law Firm PLLC, Billings, Montana.

For Appellant Northwestern Corporation: Ben Alke , Harlan Krogh , Crist, Krogh, Alke & Nord, PLLC, Bozeman, Montana Heather Grahame , Shannon Heim , Northwestern Energy, Helena, Montana.

For Appellee 350 Montana: Monica J. Tranel , Tranel Law Firm, P.C., Missoula, Montana.

For Appellees Eric Huseth, Abigail Huseth, and Jerome Walker: Thomas Tosdal , Tosdal Law Firm, Ovando, Montana.

¶1 Section 69-8-421 (2021) of the Montana Code effectively permits NorthWestern Energy but no other public utility to apply to the Montana Public Service Commission (Commission) for preapproval of an electricity supply resource, such as a power plant or battery storage facility.

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