Sign up to testify against Senate Bill 557 today!
Senate Bill 557, which targets our landmark court victory over the proposed Lucky Minerals mine near Emigrant, will have a hearing in front of the House Natural Resources Committee at 3 p.m. on Friday.
We need to show up and tell the House of Representatives to vote no. You can do so virtually or in person.
If you wish to testify, you must register to do so by 5 p.m. on Thursday. You can do so at this link.
We will also be heading to Helena with some local concerned citizens. If you plan to make the drive, let me and Karrie know!
Read more about the bill from Montana Public Radio.
There are several issues with the bill, but it's main goal is to stop the public from ensuring that polluters are held accountable.
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.
Three ways to make a difference on Senate Bill 557:
1. Sign up to testify
You can testify virtually or in person. If you plan to do so, please just share your story of the Yellowstone Mine campaign and why you don't want this place polluted, by an industrial gold mine, a gravel pit or anything self.
In order to do testify, you must register at this link by 5 p.m. TODAY.
2. Write a Letter to the Editor
One of the most effective ways to get noticed is to write a Letter to the Editor expressing your position on the bill. If you'd like help, let us know!
Colin Davis recently wrote this op-ed about the bill.
3. Tell your local representative 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 three significant ways.
1. 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.
2. The bill would require those 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.
3. 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 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.