Yellowstone Gateway Protection Act: One year later, the fight continues!
One year ago, the Yellowstone Gateway Protection Act was signed into law, permanently banning mining on 30,000 acres of Custer Gallatin National Forest.
The bipartisan bill, sponsored by Montana’s entire Congressional delegation and signed into law by President Donald Trump, was the culmination of years of effort by a diverse group of people from across the community. More than 400 local businesses came together to form the Yellowstone Gateway Business Coalition. The coalition was united in opposition to the mines, which threatened to disrupt Park County residents’ quality of life, fragment habitat for species like grizzly bears and wolverines, threaten the agriculture and tourism industries in Paradise Valley and pollute the headwaters of the Yellowstone River.
Our success showed that when a community unites to raise its voice, people in power listen!
At PCEC, the work continues.
Both Lucky Minerals and Crevice Mountain have said they want to make the mines a reality, and community members remain concerned that mineral exploration on patented mining claims could still lead to mines in Emigrant Gulch and Crevice Mountain near Jardine.
“Our job, right now, is to defend the victory that we got last year,” said Karrie Kahle, community director for the Yellowstone Gateway Business Coalition. “That means staying informed and being apprised of what’s happening on the ground, including what permits are being submitted.”
Here’s the latest on the two proposed gold mines.
Lucky Minerals: Attention turns to PCEC vs. DEQ
An oral argument has been set in front of the Montana Supreme Court in our litigation filed against the Montana Department of Environmental Quality. The oral argument will take place on April 30 at 9:30 a.m. in the Strand Union Building, Ballroom A, on the Montana State University Campus in Bozeman.
The lawsuit, originally filed in September 2017, challenged DEQ’s approval of an exploration permit for Lucky Minerals’ proposed project on private lands, arguing the state did not conduct enough analysis of the harms to wildlife, water quality and quality of life. We also challenged the constitutionality of a 2011 amendment to the Montana Environmental Policy Act (MEPA) that disallowed a court from stopping work on a project if it finds a state agency did not do enough analysis in approving the project.
So far, we won our arguments in Montana District Court, with Judge Brenda Gilbert vacating Lucky Mineral’s exploration permit. Both Lucky Minerals and the Montana DEQ appealed to the Supreme Court.
In briefing, we repeated our successful arguments, arguing that DEQ’s environmental review violated MEPA and that those 2011 amendments to MEPA violated Montanans’ right to a clean and healthful environment.
Crevice Mining Company: Road issues at forefront
Crevice Mining Company Managing Partner Michael Werner has said the project will go forward despite the legislation, but he has had trouble securing funding for the project. Nonetheless, he continues to renew his permit for a five acre mining exemption, which requires no environmental review.
The main focus, of late, has been on a county road that Werner wants to upgrade in order to access his mineral rights. The Park County Commission paid for a nearly $70,000 survey of the Crevice Mountain Road, and recently voted to remove obstructions from the road, which has not been in use for several decades and has trees growing in the roadway. That does not mean the road will be maintained at a drivable level.
For now, the company has access on the U.S. Forest Service’s Sonombre Road, but that access is not guaranteed. Werner told the Park County Commission in January that he had lost a $12 million loan because he could not guarantee access to his mineral rights.
“Most people are unwilling to loan me money with an uncertain future,” Werner told the commission.
Crevice Mining Group said it is possible they will sue Park County over the issue. We will continue to follow next steps and keep you informed of opportunities to respond!