A lawsuit aimed at imposing greenhouse gas regulations in Montana has been challenged by a coalition that contends Attorney General Steve Bullock will not adequately represent their interest in opposing costly climate change regulations.

The coalition is spearheaded by Missoula attorney Quentin Rhoades and a new Flathead Valley nonprofit group called the Climate Physics Institute. Also seeking to intervene in the litigation are 22 mostly conservative state legislators, 53 citizens and 10 children represented by their parents.

They are responding to a lawsuit filed last month with the state Supreme Court by a group of Montana children and their parents at the behest of an organization called Our Children's Trust that is based in Eugene, Ore. The same group has pursued similar legal or administrative actions in all 50 states as part of a campaign that critics regard as "guerilla law-fare" aimed at imposing a political agenda that has failed in Congress and state houses across the country.

The plaintiffs in the Montana case contend that the state "holds the atmosphere in trust" and it is obligated to protect that trust by "establishing and enforcing limitations on the level of greenhouse gas emissions as necessary to mitigate human-caused climate change."

The plaintiffs seek to invoke the Montana Constitution's provision to maintain a "clean and healthful environment" and because they regard climate change as an urgent matter, they seek to have the Supreme Court decide the case directly.

Those aiming to intervene in the case, however, believe it must be heard in a lower court first.

"Intervenors assert that climate change is a normal occurrence for Earth, that temperatures have been stable for 100 years, and that solar output and natural occurrences such as volcanoes have a much greater impact on climate than human activity," states a press release issued Monday by Rep. Krayton Kerns, R-Laurel. "Further, intervenors assert, many reputable scientists challenge the theory that activity is causing global warming, which requires any such lawsuit to be referred to a district court for essential testimony and fact finding - the Supreme Court is not the proper place for this lawsuit."

The intervenors also allege that Attorney General Steve Bullock will not vigorously defend the state or represent their interests because Bullock "is himself an advocate for the very relief sought by petitioners," states the motion to intervene.

It cites Bullock's 2008 campaign material that boasted of him purchasing carbon credits to offset emissions he accrued during his campaign travels.

Bullock, who has not officially announced but is widely presumed to eventually be a candidate in the next governor's race, offered a brief response to the intervenors' claims through spokesman Kevin O'Brien.

O'Brien said Bullock intended to file documents with the Supreme Court explaining why that court should not have original jurisdiction in the case, and he said Bullock questions whether the legislators can legally intervene in the case.

"For a group of legislators that purport to faithfully adhere to the Constitution, they should consult it here," O'Brien said. "Just as the voters elected them to legislate, the voters elected the attorney general to represent the state in court."

Rep. Kerns and the other intervenors believe the regulations sought by the plaintiffs would be "devastating" for Montana's economy.

"If it wasn't so damaging to Montana's economy it would be laughable the same climate change advocates who obscured data to advance an unproven theory are now advocating stabilizing the world's climate by adjusting tax policy," Kerns said. "This is a ridiculous con."

The Climate Physics Institute was only recently founded by Flathead Valley resident Edwin Berry in direct response to the Montana climate change lawsuit.

Berry, who holds a doctorate in physics, is an outspoken skeptic of man-caused climate change and a critic of efforts to impose "cap and tax" rules on energy production and consumption.

Berry contends the plaintiffs have offered up a case with no supporting evidence for climate change, but he predicts that the legal fight will require science to be tested in courts across the country.

"I think it is a very good opportunity to get the whole subject matter ... resolved legally," he said. "The implications are tremendous when you look at the (potential impacts) on the whole economy of the state."

Berry predicts that if the plaintiffs prevail, it will not be the end of litigation aimed at requiring the state to adopt regulations on greenhouse gas emissions.

"If they pass the Supreme Court, once they are in your house they will want to show you how to behave in your house and tell you what you can and can't do," he said.

Court documents filed by the intervenors can be found at the Climate Physics Institute website at: http://climatefire.com.

The Montana climate change lawsuit can be found at the website of Our Children's Trust at: http://www.ourchildrenstrust.org.

Reporter Jim Mann may be reached at 758-4407 or by email at jmann@dailyinterlake.com.