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A lawsuit challenging the state’s pre-approval statute can proceed following Missoula District Court Judge Jason Marks’ ruling denying NorthWestern Energy’s motion filed with support from Montana Attorney General Austin Knudsen and the Montana Public Service Commission to dismiss the lawsuit. At issue is the constitutionality of the state’s pre-approval statute, which allows a utility company to pursue PSC approval of power-generating resources before the company has purchased or begun constructing them.

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