GOOD NEWS
District Court Issues Earth Day Ruling in Gravel Pit Permit Challenge
Court Sides with Protect the Clearwater, Upholds Constitutional Rights to Environmental Review and Public Participation
Protect the Clearwater (PTC) has secured a monumental legal victory in its case against the Montana Department of Environmental Quality (DEQ) in the Montana Fourth Judicial District Court, with District Court Judge Leslie Halligan granting summary judgment in favor of PTC and affirming Montanans’ constitutional rights to a clean and healthful environment and the right to public participation in government decision-making.
The court found that DEQ failed to compile the necessary environmental data required to meet its constitutional obligations, violating Article II, Section 3, and Article IX, Section 1 of the Montana Constitution, along with related statutory requirements. These provisions guarantee Montanans the right to a clean and healthful environment and require the state to protect and maintain that right.
All in all, Judge Halligan ruled in favor of PTC in four unique and profound ways:
- The Court found that DEQ is impermissibly interpreting the Opencut Mining Act (OMA) as relieving it of its constitutional obligation to protect the environment from harm. The Court held DEQ can only permit a project if it can determine that the project will not degrade or harm the natural environment, which it is entrusted to protect. To this end, the Court profoundly held that where a statute can be interpreted to conflict with the constitutional mandate to affirmatively prevent harm to the environment, the statute must yield to the Constitution.
- “The Court observes that Montana's constitutional protections for the environment and public participation are designed to ensure informed governmental decision-making and preserve the public's interest in the State's natural resources, allowing Montanans to continue to enjoy the land for hunting, education, and recreation for generations to come.”
- The Court held that DEQ is also impermissibly interpreting the Opencut Mining Act (OMA) as relieving it of its constitutional obligation adjust public participation opportunities commensurate with the level of public interest in a given project. DEQ failed to afford Plaintiff PTC the opportunity for informed public participation as required by Mont. Const. Art. II, § 8 and the statutes and rules implementing this provision.
- The Court held that DEQ has a continuing obligation and responsibility to review its programs and “where DEQ identifies or encounters an interpretation of law it believes to be in tension with the Montana Constitution, DEQ is INSTRUCTED to notify the ‘governor and the EQC’ of the nature of the conflict so a lawful resolution may be pursued through the appropriate channels.
- Judge Halligan reserved her ruling on injunctive relief and vacatur of the Permit pending further briefing by the parties and granted PTC the right to seek emergency relief upon any commencement or threat of commencement of operations prior to the Court’s ruling.
“This decision reinforces what Montanans already know—our Constitution demands accountability, transparency, and science-based decision-making when it comes to protecting our water, wildlife, and communities,” said Gayla Nicholson, President of Protect the Clearwater.
You may review the entire ruling in our documents section "Judge Halligan Ruling on Summary Judgement."
SPRING UPDATE
Here’s where we are today:
- 960 Days (and counting) of paused gravel mining and asphalt production on public land designated as Resource Protection 1 in the Seeley Lake Regional Plan.
- 25 Endangered, threatened, and sensitive species spared from mining disturbance, including grizzly bears, bald and golden eagles, trumpeter swans, common loons, great blue herons, and bull trout.
- 53 acres of critical wildlife corridor safeguarded. This native fescue prairie and ponderosa pine parkland, including 1,800 feet of Clearwater River frontage, is where migrating elk and deer travel between summer ranges to the west and the main unit of the Blackfoot Clearwater Wildlife Management Area.
Thanks to Shawn Huseby, our 2025 Baucus Climate Scholar, PTC has a new logo and updated website design, Protect the Clearwater. Shawn worked with board members to create and integrated communications plan to improve the effectiveness of our outreach.
PTC has stepped up to help other grassroots organizations protect our natural heritage from industrial operations by sharing information about our fight to protect water, wildlife, and communities in Montana. You can learn more about them and sign their petitions:
Gravel Mine Proposed Near Yellowstone National Park
PTC has been accepted to the Montana Adopt-A-Highway Program to do volunteer clean up along Highway 83, just north of Salmon Lake. The first of two annual clean up days is planned for the first half of May. Let us know if you would like to help and look for a call for volunteers when we set the date for May. We estimate the cleanup with take a 2-3 hour commitment.
March 7th marked 11 months since Judge Leslie Halligan heard our arguments in district court to hold the Montana Department of Environmental Quality (DEQ) accountable for their actions that violate the Montana Environmental Policy Act (MEPA), the Montana Public Participation Act, and protections guaranteed under the Montana Constitution.
PTC forges on with the challenge in the Board of Environmental Review (BER) appealing the DEQ process for gravel mine permitting. The BER upheld the decision to approve gravel while ignoring scientific evidence and citizen concerns. The final step in the process is to file a Petition for Judicial Review. All briefs in that case have been submitted, and a hearing date has yet to be scheduled.
Thank you for your support and for taking the time to read this update. Together, we can continue protecting what makes Montana home.
Missoula Co. Pauses Blackfoot Gravel Pit Zoning
Coverage by NBC Montana stated that the Missoula County Commissioners have paused the zoning review for a proposed gravel operation along the Blackfoot River corridor until the developer provides more detailed project information. The move came after sustained pressure from nearby residents and a grassroots group, Blackfoot River Community, who raised concerns about the lack of clear plans and potential impacts on the river, wildlife habitat, and community safety. Commissioners said they want more specifics on the scale, design, and effects of the proposal before determining whether it complies with county rules, and they have declined to sign the land-use zoning compliance form needed for a future state permit application at this time.
The Pits
Look for a feature story in the spring issue of the Montana Quarterly Magazine on gravel mining in Montana. Thank you to the Montana Quarterly and Laura Lundquist for sharing this story. The article can be found in the documents section on our website
WELCOME SHAWN HUSEBY BAUCUS INSTITUTE CLIMATE SCHOLAR INTERN
Montana native Shawn Huseby has joined PTC as a 2025 Climate Scholar through the Max S. Baucus Institute. He recently graduated from Montana State University with degrees in Marketing and Hispanic Studies and is passionate about combining strategic communication with meaningful environmental work. His background as a hunter and outdoor enthusiast along with his knowledge of the business world will help us to grow community awareness, strengthen our brand, and expand our network of supporters. He supports PTC’s mission of protecting the local waterways and wild landscapes for future generations.
CINNABAR FOUNDATION AWARDS $5,000 GRANT TO PTC
The Cinnabar Foundation board had voted to award a $5,000 Program/Project Grant to fund PTC's ongoing efforts to preserve the Blackfoot and Clearwater Watersheds and Wildlife Corridor. Thank you so much for the continued support of the Cinnabar Foundation.
4TH DISTRICT COURT HEARS PTC MEPA AND CONSTITUTIONAL CHALLENGE
On Monday, April 7th at 1:30, Judge Leslie Halligan heard oral arguments in the case filed by Protect the Clearwater against the Montana Department of Environmental Quality (DEQ). The courtroom seats were full with some folks standing to listen.
Our attorneys argued that the DEQ failed in its’ duty to provide an opportunity for public input, did not take a “hard-look” at evidence to prevent harm to the environment, and that because the mine site is located near the lake and river, and may actually not be a "dry-land" operation at all.
The DEQ argued that they did not have time to release a draft Environmental Assessment (EA) for public comment, that animals affected by mining would “go somewhere else”, and that the DEQ can rely on the mining company’s declaration that their operation will not affect ground and surface water.
The story was covered by the:
ELK HERD GRAZING ON WILDLIFE CORRIDOR
Elk herds are an iconic sight in Western Montana, charming residents and attracting tourists and hunters alike. A Greenough resident spotted this herd on February 13, directly across from the Blackfoot Clearwater Wildlife Management Area and adjacent to a proposed gravel mine at mile marker 3 on Hwy 83. A stone’s throw from the Clearwater River and Elbow Lake, this is one stop on a westerly migration route used by elk, grizzly bears, grey wolves, and lynx.