An energy policy that was challenged by the lawsuit was repealed in March by the state Legislature, and Montana's attorney general wanted that part of the case dismissed.
The plan would allow the Irving, Texas-based Boy Scouts of America to continue operating while compensating tens of thousands of men who say they were sexually abused as children while involved in Scouting.
About 90 potential jurors filled the benches on the courtroom of the second floor of the Ewing T. Kerr Federal Building and Courthouse, 111 S. Wolcott.