Land Board authorizes Attorney General to enter mediation with full settlement authority in Talon Northwestern Energy case

Commissioner of Securities and Insurance James Brown moved on April 20, 2026, that the Board of Land Commissioners authorize the Attorney General’s Office and its designees to participate in the court-approved mediation conference in State of Montana v. Talon Northwestern Energy, cause number CV-00035-DLC, in the United States District Court. Brown’s motion—seconded by Superintendent Susie Hedalen—gave the Attorney General and designees "full settlement authority on behalf of the State Board of Land Commissioners to negotiate the terms of any past due rentals owed" and to "negotiate and settle the rental rates and any future lease terms with the parties." The motion passed unanimously.

The motion, as recorded in the minutes, also specifies that should a settlement be reached the board will be asked to consider and approve that settlement at a future meeting after due public notice and opportunity for review and comment. DNRC Chief Legal Counsel Brian Bramblett provided the litigation update that preceded the motion; the minutes do not include further litigation detail.

What this authorizes: the board granted the Attorney General’s Office delegated authority to participate in mediation and negotiate terms on behalf of the Land Board, subject to subsequent board approval of any settlement. The minutes do not record negotiation limits, settlement amounts, or legal strategy; the case docket (CV-00035-DLC) and communications from the Attorney General’s Office and DNRC will provide additional detail as the mediation proceeds.

The board adjourned following the item. Parties and members should consult the court docket and DNRC materials for updates.