Two major court moves on Monday that impact the future of land and water rights in eastern Montana – one in state district court and one at the US Supreme court.
Judge Joseph Hegel of the State’s 16th Judicial District in Powder River County ruled in favor of the Northern Plains Resource Council and denied a motion by the State of Montana and Arch Coal to dismiss a lawsuit against the State’s leasing of the Otter Creek coal tracts in southeastern Montana in March 2010.
Mark Fix, Tongue River rancher and Past Chair of Northern Plains Resource Council said “We at Northern Plains are happy with Judge Hegel’s decision to continue the case and protect the Otter Creek valley. The intense impact of mining Otter Creek and the devastation that will occur with the proposed Tongue River Railroad should have been evaluated before a lease was issued. The citizens of southeastern Montana should not have to bear the impacts of coal mining, especially if this coal is going to Asia.”
Judge Hegel held a hearing on December 9 in Broadus on the State’s attempt to dismiss Northern Plains’ case. Attorney Jack Tuholske argued for Northern Plains.
Northern Plains is joined in the lawsuit by the National Wildlife Federation, the Sierra Club, and Montana Environmental Information Center.
Northern Plains successfully argued that the State Land Board violated Montana’s Environmental Policy Act by leasing the state-owned Otter Creek to Arch Coal last year without a first issuing an Environmental Impact Statement. Since its passage in 1971, MEPA has required that government power not be used arbitrarily and that government be fully informed before it acts. Once the lease was issued, according to Northern Plains, it became a foregone conclusion that the mine would be developed permanently denied Montana citizens the opportunity to have an EIS done.
The Montana Department of Environmental Quality, which would do an EIS when the mine applies for a permit, has no authority to impose conditions on the lease, only the Land Board can do that and it didn’t have the benefit of an EIS to be informed of what kind of conditions to impose.
Judge Hegel’s decision allows the case to proceed in State District Court.
In another major case impacting the MonDak region, The U.S. Supreme Court heard arguments on Monday from Montana Attorney General Steve Bullock regarding a long-running dispute between Montana and Wyoming. The case calls into question the 1950 Yellowstone River Compact. The high court is being asked to decide whether Wyoming irrigators with pre-1950 rights can change their irrigation methods which would result in a decrease in water flows available for use in Montana. Both US Senators from Montana commented on the case. Senator Max Baucus said “Folks in Montana have a deep connection to the land, and our water is our lifeblood. It’s important we fight for Montana’s farmers and ranchers who are being sucked dry of water that rightfully belongs to them.”
Senator Jon Tester added “In rural America, when you talk about access to water, you’re talking about jobs. You’re talking about the foundation of agriculture—Montana’s number one industry—and you’re talking about the ability of rural and frontier communities to continue to thrive for our kids and grandkids. Water is precious and has to be shared using common sense. We expect our neighbors to be good stewards of the rivers and streams that flow our way, just as Montanans are.”
The lawsuit accuses the state of Wyoming of violating the 1950 water compact by taking too much water from the Tongue and Powder rivers, which both flow from Wyoming into Montana.
Comments