Montana Supreme Court Strengthens Right-to-Know Law in Landmark Ruling
In a pivotal decision on Thursday, the Montana Supreme Court affirmed the importance of governmental transparency and the constitutional right-to-know, clarifying the criteria for awarding court fees to victorious plaintiffs. The ruling came from a case initiated by the Montana Environmental Information Center (MEIC) and Earthworks against the Office of the Governor regarding information related to the Montana Department of Environmental Quality (DEQ).
The controversy began when the DEQ, under Governor Greg Gianforte, abruptly dismissed a lawsuit against Hecla Mining Company and its CEO, Phillips S. Baker, Jr., which had previously been initiated during the Bullock administration due to concerns over environmental compliance. MEIC requested related documents but faced significant delays and non-responsiveness from the Governor’s Office, prompting them to seek judicial intervention.
Despite District Judge Christopher Abbott ruling in favor of MEIC, compelling disclosure of the documents, he denied the plaintiffs’ request for court fees, citing a lack of bad faith from the Governor’s Office. However, the Supreme Court’s majority opinion, penned by Justice Laurie McKinnon, emphasized that prioritizing the public service rendered by MEIC was imperative, arguing that “ litigation must be accessible” for citizens seeking to challenge government actions.
This ruling establishes a presumption in favor of awarding attorney fees to plaintiffs who prevail in right-to-know cases, reinforcing the vital role of citizens in holding officials accountable. MEIC Executive Director Anne Hedges remarked that the decision is essential for continued public access to governmental actions, while Earthworks Northwest Program Director Bonnie Gestring highlighted the importance of this precedent in ensuring that the public’s right to oversight is not stifled by litigation costs.
With this ruling, Montana sets a strong precedent for enhancing citizen engagement in government transparency.
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