Bill targeting Yellowstone mine campaign advances
I'm writing today with an update on Senate Bill 557.
Unfortunately, the bill, which takes aim at our landmark court victory over the proposed Lucky Minerals mine near Emigrant, has passed in the Montana Senate and is on its way to the House of Representatives.
This afternoon at 4:30 p.m. the Montana Environmental Information Center will be giving a virtual update on the bill, as well as another bill, Senate Bill 524, looking to give Montana state government a free pass to rubber stamp polluters' projects.
You can tune into the meeting at this link.
Read more about the bill from Montana Public Radio.
The bill includes provisions that would impose significant financial barriers on individuals and nonprofits seeking to hold government agencies accountable, effectively cutting the public out of the process of ensuring that the state government protects citizens' right to a clean and healthful environment.
For background on the case, PCEC and our partners originally challenged DEQ’s approval of Lucky Minerals’ mining permit up Emigrant Gulch in 2017. The District Court sided with our local coalition, saying that DEQ failed to do a thorough environmental review. The case eventually went to the Montana Supreme Court, who voided the permit and found a 2011 amendment to the Montana Environmental Policy Act to be unconstitutional. That amendment allowed permits to be valid, even if a court found that an agency’s approval of the project was unlawful, while DEQ continued analysis.
You can learn more about PCEC vs. DEQ here.
The goal of the bill is to make it more difficult for the public to challenge bad decisions made by the state government.
Unfortunately, Sen. John Esp voted against our community in the Senate. Please take time to contact your local representative and tell them to vote no.
MT Representative Laurie Bishop
House District 60
P: (406) 223-1122
Email: Laurie.Bishop@legmt.gov
MT Representative Marty Malone
House District 59
P: (406) 223-1302
Email: Marty.Malone@legmt.gov
TALKING POINTS
Senate Bill 557 directly targets our local, bipartisan Yellowstone Gateway Mine efforts, and it fails the public in four significant ways.
First, the bill would require people who sue to disclose their donors. Does this mean that nonprofit organizations have to disclose their entire membership? What about corporations, do they have to disclose their partners or shareholders? It seems this is designed to intimidate citizens who wish to challenge government agencies' decisions.
Second, the bill would require people who sue to pay for the agency to provide the record of its action to the other parties and the court, creating a significant financial barrier for individuals seeking to hold government agencies accountable.
Third, the bill would require people who sue to seek an injunction, prove that they will eventually win on the merits of their claim, and pay a substantial financial bond before they can use the judicial system to defend their rights. This basically requires that people who sue prove that they will win their case before they even have the opportunity to make their argument in court, which is an absurd requirement. It’s especially absurd given that Montana's bonding requirement for mining companies is next to nothing.
Finally, the bill would require individuals to pay industry and the state's attorneys and expert fees in the event of a loss, even on a technicality, creating a significant financial disincentive for citizens to challenge government agencies.
Taken together, these four provisions effectively cut the public out of the process of ensuring that the state government protects its citizens’ right to a clean and healthful environment.
For the most up-to-date information, email Karrie at Karrie@pcecmt.org or Melissa at mnootz@meic.org.
Click here to attend MEIC's weekly legislative update on Thursday at 4:30 p.m. to learn more.