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Unlike another prominent climate case, there’s only upside to Held v. Montana

When Lander Busse spoke to the press after closing arguments in Held v. Montana, a trailblazing youth-led climate case that wrapped on Tuesday, he sounded optimistic.
“It feels like the beginning, really,” Busse, who at 18 is one of the case’s older plaintiffs, said. “Our next step in the process is getting our decision, which we’re really optimistic about at this point. But [we’re] also hopefully starting … a trickle-down of other litigation and activism nationally that we’ve been able to spark here.”
A cynic might describe the optimism as misguided; the idea of kids suing to control their future has historically only been entertained in the world of fiction. And yet when I asked lawyers about the case, they had a very different take. Not only is it a smart case with a strong argument, they told me, but it has practically no downsides.
“I understand the skepticism,” said James May, a law professor at Delaware Law School and founder of its Global Environmental Rights Institute. “If even a year ago, you had called and asked what I thought the prospects were of a climate case going on trial like this, I would have said next to zero. But there’s no other case like it. Never has climate been put on trial like this.”
According to the Sabin Center for Climate Change Law at Columbia University, thousands of climate change-related cases have been filed in the United States. But, May told me, other than cases over administrative issues such as permitting, none of those cases made it to trial. The fact that the youth plaintiffs actually got their day in court is by itself a big deal.
Going to trial means the plaintiffs will be able to establish, in the public record, evidence about the causes and effects of climate change.
“There are two audiences,” said Rebecca Bratspies, a law professor at the City University of New York and the founding director of the Center for Urban Environmental Reform. “There’s one audience in the court, and getting a favorable ruling in court is important. But there’s also the wider context in terms of the social conversations about how to respond to the climate crisis. A decision for the plaintiffs in a very red state like Montana would be an extremely important message to the country as a whole.”
That message, it seems, is that the courts have a newfound appetite for climate cases in a way that didn’t exist before. Three weeks ago, a judge ruled that a different youth-led climate case, Juliana v. United States, could move forward after the case was amended in response to a dismissal in 2020. Both Held and Juliana are being represented by attorneys from Our Children’s Trust, an environmental group that filed similar youth-led lawsuits in every state. But the cases rest on very different legal theories.
The plaintiffs in Held v. Montana benefit from a very specific set of circumstances. In 1972, Montana held a constitutional convention that, among other things, guaranteed in the new constitution that “the state and each person shall maintain and improve a clean and healthful environment in Montana for present and future generations.”
That gives the plaintiffs strong constitutional ground to stand on, Bratspies told me.
Montana’s state government has leaned particularly hard into climate denialism: in 2011 the legislature amended the Montana Environmental Policy Act so that climate change couldn’t be factored into environmental reviews, and this May, in an attempt to render the Held lawsuit moot, it specifically added a provision to ban any consideration of greenhouse gas emissions in environmental reviews of energy projects. If Judge Kathy Seeley, who heard the arguments in Held v. Montana, rules in favor of the plaintiffs, she could say those changes were unconstitutional and that the state of Montana would have to start considering the impacts of climate change in permitting decisions.
Juliana rests on a different legal theory entirely. In that case, the plaintiffs are alleging the federal government is violating what’s known as the public trust doctrine — an idea that goes back as far as the Romans, which holds that when a state controls land, they act as a trustee and control it for the benefit of the people.
The public trust doctrine underlies the idea that the federal government manages both national waters and federal lands for the good of the people; according to Bratspies, Juliana would argue that the same idea extends to the atmosphere, and that therefore the government is neglecting its duties by not ensuring the atmosphere remains free of greenhouse gasses and therefore affected by climate change.
When litigating cases like these, there’s a constant weighing of the risks versus the rewards, and that calculus changes according to the makeup of the courts. Juliana, if it makes its way to the United States Supreme Court, would find itself in front of a conservative-majority court that as recently as last year struck a blow at the EPA’s ability to regulate climate change.
“There’s always a risk that the Supreme Court is going to do something that is sort of unprecedented and not consistent with the long-standing body of law,” Bratspies told me. “The worst-case scenario is that the plaintiffs lose in a fashion that limits legal theories moving forward, [like if] the court narrows the public trust doctrine in a fashion that says it doesn't apply to the atmosphere because the Romans didn't think about the atmosphere.”
That could have a chilling effect on other climate cases in federal courts; any federal climate lawsuits would have to find a different legal theory to rest their cases on, and a court that is willing to upend the public trust doctrine is unlikely to be sympathetic to arguments that don’t have a constitutional right to stand on. Held v Montana, being a case in state court, has no such drawbacks. The legal ramifications of a loss would be limited only to Montana, while the social impacts of the case will remain regardless of the outcome.
“Reasonable people can disagree with me, but I see nothing but positives come out of this case,” May told me. “If the plaintiffs win, it’s a first-time ruling that underscores that the courts play a role in climate rights. But even if they lose, there’s all this evidence in the record now. That could maybe inform or inspire cases elsewhere. Even in losing it would advance the conversation more than anything else that has happened.”
It could take weeks or even months for Judge Seeley to issue a ruling, and either outcome is likely to be appealed to the Montana Supreme Court, where the plaintiffs may face an even tougher fight.
“It’s sort of a Sisyphean battle,” May said. “Every time they roll the boulder up to the top of the mountain, it rolls back down to the bottom, and they have to just keep trying. But what else is there to do? They can’t vote. They don’t hold the levers of power. They’re inheriting a melting planet. There’s nothing left to do except this.”
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According to a new analysis shared exclusively with Heatmap, coal’s equipment-related outage rate is about twice as high as wind’s.
The Trump administration wants “beautiful clean coal” to return to its place of pride on the electric grid because, it says, wind and solar are just too unreliable. “If we want to keep the lights on and prevent blackouts from happening, then we need to keep our coal plants running. Affordable, reliable and secure energy sources are common sense,” Chris Wright said on X in July, in what has become a steady drumbeat from the administration that has sought to subsidize coal and put a regulatory straitjacket around solar and (especially) wind.
This has meant real money spent in support of existing coal plants. The administration’s emergency order to keep Michigan’s J.H. Campbell coal plant open (“to secure grid reliability”), for example, has cost ratepayers served by Michigan utility Consumers Energy some $80 million all on its own.
But … how reliable is coal, actually? According to an analysis by the Environmental Defense Fund of data from the North American Electric Reliability Corporation, a nonprofit that oversees reliability standards for the grid, coal has the highest “equipment-related outage rate” — essentially, the percentage of time a generator isn’t working because of some kind of mechanical or other issue related to its physical structure — among coal, hydropower, natural gas, nuclear, and wind. Coal’s outage rate was over 12%. Wind’s was about 6.6%.
“When EDF’s team isolated just equipment-related outages, wind energy proved far more reliable than coal, which had the highest outage rate of any source NERC tracks,” EDF told me in an emailed statement.
Coal’s reliability has, in fact, been decreasing, Oliver Chapman, a research analyst at EDF, told me.
NERC has attributed this falling reliability to the changing role of coal in the energy system. Reliability “negatively correlates most strongly to capacity factor,” or how often the plant is running compared to its peak capacity. The data also “aligns with industry statements indicating that reduced investment in maintenance and abnormal cycling that are being adopted primarily in response to rapid changes in the resource mix are negatively impacting baseload coal unit performance.” In other words, coal is struggling to keep up with its changing role in the energy system. That’s due not just to the growth of solar and wind energy, which are inherently (but predictably) variable, but also to natural gas’s increasing prominence on the grid.
“When coal plants are having to be a bit more varied in their generation, we're seeing that wear and tear of those plants is increasing,” Chapman said. “The assumption is that that's only going to go up in future years.”
The issue for any plan to revitalize the coal industry, Chapman told me, is that the forces driving coal into this secondary role — namely the economics of running aging plants compared to natural gas and renewables — do not seem likely to reverse themselves any time soon.
Coal has been “sort of continuously pushed a bit more to the sidelines by renewables and natural gas being cheaper sources for utilities to generate their power. This increased marginalization is going to continue to lead to greater wear and tear on these plants,” Chapman said.
But with electricity demand increasing across the country, coal is being forced into a role that it might not be able to easily — or affordably — play, all while leading to more emissions of sulfur dioxide, nitrogen oxide, particulate matter, mercury, and, of course, carbon dioxide.
The coal system has been beset by a number of high-profile outages recently, including at the largest new coal plant in the country, Sandy Creek in Texas, which could be offline until early 2027, according to the Texas energy market ERCOT and the Institute for Energy Economics and Financial Analysis.
In at least one case, coal’s reliability issues were cited as a reason to keep another coal generating unit open past its planned retirement date.
Last month, Colorado Representative Will Hurd wrote a letter to the Department of Energy asking for emergency action to keep Unit 2 of the Comanche coal plant in Pueblo, Colorado open past its scheduled retirement at the end of his year. Hurd cited “mechanical and regulatory constraints” for the larger Unit 3 as a justification for keeping Unit 2 open, to fill in the generation gap left by the larger unit. In a filing by Xcel and several Colorado state energy officials also requesting delaying the retirement of Unit 2, they disclosed that the larger Unit 3 “experienced an unplanned outage and is offline through at least June 2026.”
Reliability issues aside, high electricity demand may turn into short-term profits at all levels of the coal industry, from the miners to the power plants.
At the same time the Trump administration is pushing coal plants to stay open past their scheduled retirement, the Energy Information Administration is forecasting that natural gas prices will continue to rise, which could lead to increased use of coal for electricity generation. The EIA forecasts that the 2025 average price of natural gas for power plants will rise 37% from 2024 levels.
Analysts at S&P Global Commodity Insights project “a continued rebound in thermal coal consumption throughout 2026 as thermal coal prices remain competitive with short-term natural gas prices encouraging gas-to-coal switching,” S&P coal analyst Wendy Schallom told me in an email.
“Stronger power demand, rising natural gas prices, delayed coal retirements, stockpiles trending lower, and strong thermal coal exports are vital to U.S. coal revival in 2025 and 2026.”
And we’re all going to be paying the price.
Rural Marylanders have asked for the president’s help to oppose the data center-related development — but so far they haven’t gotten it.
A transmission line in Maryland is pitting rural conservatives against Big Tech in a way that highlights the growing political sensitivities of the data center backlash. Opponents of the project want President Trump to intervene, but they’re worried he’ll ignore them — or even side with the data center developers.
The Piedmont Reliability Project would connect the Peach Bottom nuclear plant in southern Pennsylvania to electricity customers in northern Virginia, i.e.data centers, most likely. To get from A to B, the power line would have to criss-cross agricultural lands between Baltimore, Maryland and the Washington D.C. area.
As we chronicle time and time again in The Fight, residents in farming communities are fighting back aggressively – protesting, petitioning, suing and yelling loudly. Things have gotten so tense that some are refusing to let representatives for Piedmont’s developer, PSEG, onto their properties, and a court battle is currently underway over giving the company federal marshal protection amid threats from landowners.
Exacerbating the situation is a quirk we don’t often deal with in The Fight. Unlike energy generation projects, which are usually subject to local review, transmission sits entirely under the purview of Maryland’s Public Service Commission, a five-member board consisting entirely of Democrats appointed by current Governor Wes Moore – a rumored candidate for the 2028 Democratic presidential nomination. It’s going to be months before the PSC formally considers the Piedmont project, and it likely won’t issue a decision until 2027 – a date convenient for Moore, as it’s right after he’s up for re-election. Moore last month expressed “concerns” about the project’s development process, but has brushed aside calls to take a personal position on whether it should ultimately be built.
Enter a potential Trump card that could force Moore’s hand. In early October, commissioners and state legislators representing Carroll County – one of the farm-heavy counties in Piedmont’s path – sent Trump a letter requesting that he intervene in the case before the commission. The letter followed previous examples of Trump coming in to kill planned projects, including the Grain Belt Express transmission line and a Tennessee Valley Authority gas plant in Tennessee that was relocated after lobbying from a country rock musician.
One of the letter’s lead signatories was Kenneth Kiler, president of the Carroll County Board of Commissioners, who told me this lobbying effort will soon expand beyond Trump to the Agriculture and Energy Departments. He’s hoping regulators weigh in before PJM, the regional grid operator overseeing Mid-Atlantic states. “We’re hoping they go to PJM and say, ‘You’re supposed to be managing the grid, and if you were properly managing the grid you wouldn’t need to build a transmission line through a state you’re not giving power to.’”
Part of the reason why these efforts are expanding, though, is that it’s been more than a month since they sent their letter, and they’ve heard nothing but radio silence from the White House.
“My worry is that I think President Trump likes and sees the need for data centers. They take a lot of water and a lot of electric [power],” Kiler, a Republican, told me in an interview. “He’s conservative, he values property rights, but I’m not sure that he’s not wanting data centers so badly that he feels this request is justified.”
Kiler told me the plan to kill the transmission line centers hinges on delaying development long enough that interest rates, inflation and rising demand for electricity make it too painful and inconvenient to build it through his resentful community. It’s easy to believe the federal government flexing its muscle here would help with that, either by drawing out the decision-making or employing some other as yet unforeseen stall tactic. “That’s why we’re doing this second letter to the Secretary of Agriculture and Secretary of Energy asking them for help. I think they may be more sympathetic than the president,” Kiler said.
At the moment, Kiler thinks the odds of Piedmont’s construction come down to a coin flip – 50-50. “They’re running straight through us for data centers. We want this project stopped, and we’ll fight as well as we can, but it just seems like ultimately they’re going to do it,” he confessed to me.
Thus is the predicament of the rural Marylander. On the one hand, Kiler’s situation represents a great opportunity for a GOP president to come in and stand with his base against a would-be presidential candidate. On the other, data center development and artificial intelligence represent one of the president’s few economic bright spots, and he has dedicated copious policy attention to expanding growth in this precise avenue of the tech sector. It’s hard to imagine something less “energy dominance” than killing a transmission line.
The White House did not respond to a request for comment.
Plus more of the week’s most important fights around renewable energy.
1. Wayne County, Nebraska – The Trump administration fined Orsted during the government shutdown for allegedly killing bald eagles at two of its wind projects, the first indications of financial penalties for energy companies under Trump’s wind industry crackdown.
2. Ocean County, New Jersey – Speaking of wind, I broke news earlier this week that one of the nation’s largest renewable energy projects is now deceased: the Leading Light offshore wind project.
3. Dane County, Wisconsin – The fight over a ginormous data center development out here is turning into perhaps one of the nation’s most important local conflicts over AI and land use.
4. Hardeman County, Texas – It’s not all bad news today for renewable energy – because it never really is.