Montana Supreme Court Orders Governor to Pay Legal Fees in Transparency Case
In a significant ruling on May 29, Montana’s Supreme Court determined that Governor Greg Gianforte must cover the legal expenses of the Montana Environmental Information Center (MEIC) and Earthworks. The court’s decision, which narrowly passed with a 4-3 vote, arose from a lawsuit initiated by the environmental groups seeking records related to communications between Gianforte’s administration and Hecla Mining. The governor’s office had reversed a "bad actor" designation concerning Hecla, a mining company previously criticized for its environmental track record.
Justice Laurie McKinnon, who wrote the opinion for the majority, emphasized that the ruling upholds the public’s right to transparency in government operations. McKinnon stated, "When a party succeeds in litigation based on a right-to-know request, it has performed a public service in ensuring that Montana’s government is appropriately transparent."
The dissenting justices raised concerns about political bias, particularly Justice Jim Rice, who accused the majority of unfair treatment of Republican officials. He questioned whether the ruling was based on established legal principles or biased motives. McKinnon rebutted by calling Rice’s comments unprofessional, highlighting the procedural complexities involved.
The case, precedent-setting for public records lawsuits, reflects ongoing tensions around government transparency in Montana. Environmental activists celebrated the ruling as a victory for citizens’ rights to access governmental information without incurring prohibitive legal fees. Bonnie Gestring of Earthworks noted, “Montanans have a constitutional right to review government documents. This right becomes meaningless if citizens are expected to shoulder the cost of litigation.”
This ruling comes amidst Governor Gianforte’s controversial use of executive privilege, which remains a hot-button issue in state politics as the administration continues to balance transparency with confidentiality.
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