DowntoEarth
MONTANA ENVIRONMENTAL INFORMATION CENTER
NEWS FROM THE MONTANA ENVIRONMENTAL INFORMATION CENTER
IN THIS ISSUE 2 President’s Message 3
Rock Creek Mine Victory
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Legislature Intro, in Brief
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Opencut Mining
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Colstrip Chaos
7 Repealed Water Quality Standards 8
Clean Energy in the Crosshairs
10 Land Use Battles 12 Reshaping State Government 14 2021 Voting Record 17 MEIC Member Spotlight 18 ZortmanLandusky Mine 20 Laurel Gas Plant 21 Meet Melissa Nootz
Clean and Healthful, it’s Your Right, Our Mission.
June 2021 | Vol.47 • No.2
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MONTANA ENVIRONMENTAL INFORMATION CENTER
From Our Board President
by Kathy Juedeman
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rom the vantage point of protecting clean air and water, and encouraging clean energy, the 2021 Montana legislative session has been the most challenging in a generation. I want to acknowledge every MEIC staff member, and I know the MEIC Board would join me in showing appreciation for their hard work. All of our staff showed outstanding dedication and daily perseverance to the MEIC mission, even while facing the most disappointing legislative environmental bill roster imaginable. One issue that I watched closely this session was rooftop solar. We have solar at our home, where it allows us to dry clothes and charge our car with energy produced from the panels. We also have solar and a wind generator installed at our family ranch, where the energy produced is an integral component of the family operation. Wind generates energy to heat the calving barn, for block heaters for tractors, and to keep stock tanks filled and ice-free. Installation of solar was a good choice at both locations for us, and it would be a similarly good decision for many of our Montana neighbors. HB 359 and HB 448 threatened make solar prohibitively expensive for Montanans across the state. MEIC and its allies defeated those bills, which was very good for Montana. Our MEIC team worked hard every day leading up to and during the session, and I admire their constant good humor. I’m Cover: SB 379 sure you saw that the MEIC team was protest at NorthWestern’s extraordinarily well-informed on their Missoula office. topics and presented that information (as they always do) in a balanced and community-centric way. While there’s
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much to commend in their work, the sum of this session’s efforts was their laser focus on preserving and protecting the Montana that we love. The o t her her o e s i n this legislative session are you, our M EIC members. Communications & Engagement Director Katy Spence put up a new online bill tracker early in the session, and WOW. MEIC members used the information that they found there to increase already dedicated member efforts: Zooming to hearings, writing letters to the editor, sharing actions on social media, signing petitions, making phone calls to key legislators, sending emails to individual legislators, and sending emails to entire committees. All told, MEIC members took almost 46,000 actions through our website. That is an incredible mobilization fighting for Montana’s environment. All these efforts made a positive difference in the outcome of a number of bills and even in the tone of conversations, encouraging legislators to consider positive viewpoints on clean air, clean water, and clean energy. These conversations build stronger baselines for discussions in future sessions. They showed that we do care, and we aren’t going away. MEIC members demonstrated a community working together to keep Montana’s air and water clean, and our governing officials could see that force of will. Thank you for your continued support of MEIC and our mission. There is more work to be done. Be sure to read the message from our co-Executive Directors on pg. 23.
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Salish & Kootenai Lands Protected, Grizzlies and Bull Trout Spared by Derf Johnson
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or years, the Cabinet Mountains Wilderness, a sacred place for the Ksanka band of the Ktunaxa Nation, has been threatened by two proposed metal mines. One, the Montanore Mine, would tunnel under the Wilderness area from the northeast. The other, the Rock Creek Mine, would come in from the southwest. In a significant victory for clean water, grizzly bears, and wild country — brought to you by MEIC and our partners — a federal judge struck down the U.S. government’s approval of the proposed Rock Creek mine’s exploration permit in April of this year. This is a major setback for Hecla Mining Co., the Idaho-based corporation backing the mine. The mine, if allowed to proceed, would have devastating consequences for endangered species. The ruling also sets a strong precedent for how the evaluation of mining impacts on wildlife should be conducted from now on. U.S. District Judge Donald Molloy ruled that the U.S. Fish and Wildlife Service and U.S. Forest Service violated the Endangered Species Act with an insufficient biological opinion as part of their environmental review, which only considered the impacts to wildlife from the permitted exploration activity and entirely ignored the impact a full-scale mining operation would have on federally-protected grizzly bears and bull trout in the Cabinet Mountains Wilderness. At its heart, the Forest Service’s truncated analysis defied common sense, as exploration activity is almost always a precursor to a mine operating permit, and allowing the government to segment its analysis of impacts would ignore the cumulative and consequential decisions that
should be evaluated before a project starts. Originally proposed in the 1980s, the Rock Creek Mine came under Hecla Mining Co.’s ownership in 2015 when Hecla acquired the Revett Mining Co. The proposed mine at Rock Creek would tunnel under the Cabinets to dig up copper and silver. Hecla hopes the operation could grow to encompass almost 500 acres and process up to 10,000 tons of ore per day for as long as 30 years. However, the mine is predicted to drain groundwater and surface streams in the process, which would imperil the already-threatened bull trout populations. What’s more, the processing and storing of mining materials and waste rock would result in heavy metal pollution, poisoning streams and killing aquatic life. Other heavy metal mines in Montana have resulted in chronic health conditions for humans and wildlife, as well as expensive remediation with no final end in sight. This important ruling protects Ktunaxa Nation lands, threatened bull trout, and one of the most vulnerable populations of grizzly bears in the contiguous U.S. MEIC joined the Ksanka Kupaqa Xaʾⱡȼin, Rock Creek Alliance, Earthworks, Defenders of Wildlife, Sierra Club, and Center for Biological Diversity, and was represented by Earthjustice. Attorney Katherine O’Brien of Earthjustice deserves serious kudos for bringing this victory to fruition.
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
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friend recently asked NorthWestern Energy at if we had “kil led the expen se of average the worst bill of the Montanans, undermined the session?” I asked which Montana Consumer Counsel wretched bill she was referring and the P ubl ic S er vice to. When she said SB 260, the C om m is sion , wea kened takings bill, I had to agree. land use and water quality It was the worst bill of the protections, and required the session. When she heard it Montana Attorney General was defeated, she flashed a to investigate environmental big smile and gave me a fist organizations such as MEIC. by Anne Hedges bump. As an attorney, she In short, your calls and emails understood how devastating that bill would paid off! have been. Unfortunately, far too many bills passed that Government constantly limits the use of make it harder to protect clean air and clean water. private property in order to ensure that people NorthWestern Energy still made millions of and their surroundings stay safe and healthy. dollars on the backs of hardworking Montanans. Takings legislation jeopardizes safety, health, and Montana now has the dubious distinction of the environment, which is why it was distressing being the first state to completely eliminate its that SB 260 (Sen. Steve Fitzpatrick, R-Great renewable energy standard. The Legislature also Falls) flew through the Senate and a House removed the public vote on nuclear power plants committee before being stopped on the House and blocked local governments’ ability to create floor by a 41-59 vote. A nail-biter throughout, more sustainable communities. it was a huge relief when it died — in short, it Fortunately, Gov. Gianforte, who signed far epitomized the madness of the 2021 session. too many terrible bills into law, actually vetoed MEIC’s lobbyists and staff are deeply relieved a few of the worst ideas, including a bill that that the 2021 Legislature is over. It was one would have punished any organization that for the record books. The sheer volume of challenged government actions in court and a bills attacking environmental protections was bill that would have created the highest electric staggering, and their content was even worse. vehicle fees in the nation. We were incredibly fortunate to have had you, So, what’s next? Litigation and movement our members, help us defeat some of the worst building. We intend to focus on the long game proposals. Your help made a difference. and how we connect with Montanans who are We not only defeated the takings bill on the sidelines yet care deeply about this place. but also bills that would have enriched Suffice it to say, MEIC has a plan. Stay tuned.
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Montana Legislative Madness Comes to a Welcome End
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New Opencut Mining Law is the Pits by Anne Hedges
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n this session, one thing the Legislature did was to gut Montana’s opencut mining law to favor developers over neighbors. The opencut mining law governs sand and gravel operations, both large and small. Living next to these operations can negatively impact neighboring landowners’ water, safety, and property. Many legislators erroneously argued that HB 599 (Rep. Steve Gunderson, R-Libby) would only impact small gravel operations, but they were wrong. HB 599 not only weakens the law for small opencut mines, it fundamentally rewrites and eliminates important permitting safeguards for the largest mines in the state. Opencut mining operations can lead to dewatering of area wells, increased noise, dust, and truck traffic, and can affect the property values of neighbors. HB 599 also removes the ability of neighbors to have meaningful input in the permitting process for most opencut mine applications. The bill eliminates the authority of the
Department of Environmental Quality (DEQ) to limit noise, hours of operation, water runoff, or fire mitigation. Developers will now be able to tell DEQ that their proposed opencut mines will be “dry,” and DEQ will only have 20 days to decide whether to issue a permit – a timeframe that precludes neighbors from having time to hire experts or provide meaningful input, especially regarding whether the mine will actually be “dry” as claimed by the developer. In addition, the new law eliminates the requirement for a public hearing on the application unless there are 10 or more homes with permanent occupants, and permanent water and sewer systems within one-half mile of the mine. DEQ officially stayed neutral on the bill but provided testimony at the hearings indicating its support. Next fall, as DEQ writes rules to flesh out the details of the new law, MEIC and people living near opencut mines across the state will work to guarantee protection of water and the right of neighboring landowners to a clean and healthful environment.
Montana DEQ has developed an interactive online map of opencut mines in Montana.
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
NorthWestern Sows Colstrip Chaos at the Capitol by Anne Hedges
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orthWestern Energy showed its true colors this session. The monopoly energy company was not only aggressively hostile to clean energy, it was hell-bent on grossly overcharging customers for the Colstrip plant, regardless of whether the plant continues to operate. Utilities are known for finding creative ways to enrich their shareholders, but NorthWestern’s efforts to gain its shareholders unbridled profit at the expense of its customers was a shock to even the most cynical observers. NorthWestern’s customers are fortunate that the most outrageous and expensive proposals didn’t pass the Legislature, but the company did succeed in convincing the Legislature to create significant roadblocks to clean energy, to enrich its shareholders at the expense of low-income Montanans, and to rewrite a private contract made decades before NorthWestern became involved in the Colstrip
plant. The most notable and unscrupulous bill was SB 379 (Sen. Steve Fitzpatrick, R-Great Falls). It was so alarming that criticism of it was swift, furious, and bipartisan. It’s unfathomable that NorthWestern thought it would be reasonable to force its customers to pay billions of dollars to purchase all of the Colstrip power plant, and to bear all of the financial risk, and to pay for all cleanup costs associated with the plant. The five Republicans on the Public Service Commission (PSC) were some of the first to condemn the proposal, followed by the business community, consumer advocates such as AARP and the Montana Consumer Counsel, the medical community, and of course, thousands of NorthWestern’s customers who would be on the hook for billions of dollars. SB 379 sailed through the Senate on a partyline vote but met overwhelming resistance in the House Energy Committee, where only one legislator voted in its favor. The overwhelming bipartisan vote against the bill helped deter Sen. Duane Ankney’s proposal to revive a portion of the bill by attaching it to an unrelated measure in the Senate. That subsequent bill, HB 695, sailed out of Sen. Ankney’s Senate Energy Committee but failed to get a vote by the full Senate. But NorthWestern had other irons in the fire. Its lobbyists were busy convincing the Legislature to overturn the 1981 contract between the plant owners that has governed plant decisions since before the plant was built. NorthWestern succeeded in convincing most Republican legislators and Governor Gianforte that the U.S. and Montana C on st it ut ion s’ cont ract clauses a re meaningless. The ownership contract governs most decision-making at the plant, including how disputes are resolved among the six owners and how voting occurs on maintenance and operations decisions. SB 265 and SB 266 (both Sen. Steve Fitzpatrick, R-Great Falls) tried to rewrite various provisions in the original contract to story continues on pg. 16
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Money over Science: Repeal of Numeric Nutrient Water Quality Standards by Derf Johnson
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ontana is known for its independent streak and, generally speaking, it’s something to be proud of. But actions by the 2021 Legislature have made Montana the first and only state in the nation to adopt numeric nutrient standards for water and then completely repeal them. This move is extremely likely to compromise the ecological health of our rivers and streams and Montana’s $7.1 billion outdoor recreation industry. The bill in question is SB 358 (Sen. John Esp, R-Big Timber). It amounts to the most radical shift in water quality regulation in Montana in several decades. Any avid angler who relies upon cool, clean water for their day’s catch, should be disappointed, to say the least. And anyone who cares about or needs clean water (which is all human beings) should be very concerned about the impact of this bill. Montana became one of the first states to adopt numeric nutrient standards, receiving approval to do so from the U.S. Environmental Protection Agency (EPA) in 2015. This put a hard number and limit on discharges of nutrients (nitrogen and phosphorus) into Montana’s waterways. Nutrients come from a variety of sources, including wastewater treatment plants, septic systems, mining, and agricultural runoff. Excess nutrients in water causes algae blooms, which can have dire consequences on the aquatic health of rivers and streams. It kills micro-invertebrates, takes the oxygen needed by fish to survive out of the water, and makes streams and rivers less biologically diverse and more susceptible to the impacts of a warmer climate.
Before Montana had numeric nutrient criteria, it largely relied upon a narrative approach intended to evaluate site-specific needs and design appropriate standards for nutrients in rivers and streams. Time and experience have shown that the design of effective narrative standards for specific waterways requires a large amount of resources and an intensive evaluation process. While this approach may, in theory, be admirable,
in practice it is painstaking, resource-intensive, and never adequately funded. The result is that our rivers and streams ultimately suffer from nutrient pollution because there are no easily enforceable regulations. This is one of the motivating reasons that the state adopted numeric criteria. Numeric nutrient standards were established after a long, consensus-driven process. The standards were designed to protect and restore designated uses of Montana’s water bodies, such as assuring that they are fishable, swimmable, and drinkable. Ultimately, over the past few years, we have learned that having a clear, numeric standard backed by science has enabled more effective monitoring of water bodies, established a threshold for compliance for both dischargers and the public, and facilitated the expedited
story continues on pg. 16
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
by Conor Ploeger
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lean energy was under constant attack during the 2021 legislative session. From the beginning, legislators targeted it in a never-ending quest to deny the existence of the climate crisis. Many bills were passed that will set Montana back decades in the race to a clean energy future. MEIC’s victories weren’t about increasing access to clean energy; instead, they simply meant that by killing some of the worst of the bills Montana didn’t lose quite as much ground. Here’s the rundown.
Renewable Energy
Montana will be the first state in the nation to completely eliminate its renewable energy standard. Since 2005, the renewable energy standard has encouraged clean energy development because it required large utilities (i.e., NorthWestern Energy) purchase a certain amount of electricity from renewable energy sources. Many states are expanding their renewable energ y standards, but the Montana Legislature eliminated Montana’s renewable energy standard entirely by passing HB 576 (Rep. Jerry Schillinger, R-Circle). This bill was also amended to weaken support for low-income and tribal energy assistance
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programs. Recently, a district court judge held that NorthWestern Energy failed to comply with Montana’s renewable energy standard. That should have meant that its shareholders would have to pay $2.5 million to low-income and tribal energy assistance programs. Two bills eliminated NorthWestern’s obligation to pay this penalty. HB 576 and SB 237 (Sen. Doug Kary, R-Billings). both retroactively eliminated all fees and penalties owed for these failures. Finally, SB 201 (Sen. Steve Fitzpatrick, R-Great Falls) makes it more difficult for renewable energy developers to sell electricity to NorthWestern Energy. SB 201 prohibits the Public Service Commission (PSC) from taking into account the benefits of avoided environmental externalities and carbon dioxide emissions when setting the rates that NorthWestern will pay when it buys electricity from clean energy developers.
Electric Vehicles
Electric vehicle owners also came under attack during this legislative session, but the good news is that HB 188 (Rep. Denley Loge, R-Saint Regis) was vetoed by Gov. Gianforte at the final buzzer. This bill would have imposed higher vehicle registration fees on electric vehicles in Montana, including the highest registration
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fee in the nation for electric SUV and light truck owners, and the nation’s third-highest registration fee for light electric vehicles. We’re grateful to see this punitive bill die.
Nuclear Energy
Nuclear energy was a popular topic during this legislative session. HB 273 (Rep. Derek Skees, R-Kalispell) eliminated the voter initiative passed in 1978 that gave Montanans the right to approve any new nuclear facilities and established safeguards for nuclear energy development. Many of the people who worked to pass this initiative spoke out against HB 273, but the Legislature refused to listen. MEIC supported SJ 3 (Sen. Terry Gauthier, R-Helena), which allows for the study of small modular, nuclear reactors in Montana. Proponents of these reactors believe that they are the future of energy, but opponents still have questions regarding their safety and the lack of adequate storage solutions for nuclear waste. MEIC supports further study of these reactors so Montanans can have a better understanding of any potential impacts. While this study resolution passed, by passing HB 273, the Legislature “put the cart before the horse” when it comes to nuclear energy.
Rooftop Solar
Rooftop solar survived devastating attacks during this session. Early in the session, Rep. Larry Brewster (R-Billings) introduced HB 359, which would have destroyed the solar industry in Montana. HB 359 would have forced the PSC to drastically change the rates for rooftop solar customers. However, because of loud opposition
from MEIC members and other organizations, as well as Rep. Brewster’s misunderstanding of the bill, HB 359 was tabled before the committee hearing. HB 448 (Rep. Josh Kassmier, R-Fort Benton) was a good bill before NorthWestern Energy hijacked it. HB 448 would have increased the allowable size for commercial rooftop solar systems, but NorthWestern persuaded legislators to adopt amendments that effectively ensured that HB 448 would have been just as devastating as HB 359. Luckily, the energy community mobilized quickly and defeated this bill.
Local Sustainability Efforts
Local control was definitely set back by the Legislature’s anti-clean energy agenda. SB 257 (Sen. Jason Small, R-Busby) was designed to prevent local governments from adopting measures to address climate change. The bill originally prohibited local governments from enacting green tariffs (electric rates designed to encourage people to purchase green energy instead of fossil fuel-based electricity). Although that provision was amended out, the bill still undermines local governments’ ability to enact policies that limit carbon or carbon use.
Clean Energy Tax Credits
While the nation moves to increase incentives for developing and using clean energy, the Montana Legislature eliminated tax credits for Montanans who install rooftop solar systems and energy efficiency measures. SB 399 (Sen. Greg Hertz, R-Polson) rewrote Montana’s tax code and, while it kept many tax credits in place, it eliminated the tax credit for clean energy investments.
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
Land Use at the Legislature: Putting Developers in the Driver’s Seat by Derf Johnson
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utside of climate change, and the enormous pressures placed on our land, air, and water by fossil fuel exploitation, it’s hard to think of a more complicated and serious threat to Montana’s environment than the astronomical growth that many of our cities, towns, and counties are currently experiencing, particularly in western Montana. Unfortunately, a slew of land use planning bills were considered at this session of the Montana Legislature. Without exception, they were intended to make planning and zoning more difficult and to tip the scales in favor of developers and against communities and environmental quality. The worst of the worst bills ultimately failed, but some of the bad ideas made it through. Even more concerning is that some bills failed with the understanding that, over the next two years, major revisions to the subdivision and zoning codes would be cooked up, and new legislation would be introduced at the 2023 session. Brace yourselves: unplanned growth is coming. Two of the most concerning bills, HB 527 (Rep. Fiona Nave, R-Columbus) and HB 498 (Rep. Steve Gunderson, R-Libby), did become law. While they were pared down from their original, extreme versions, the clear intent is to reduce the ability for citizen-initiated zoning to place sideboards on the development of oil and gas deposits. Currently, residents and communities can place reasonable restrictions on this activity to protect safety, environmental quality, and health. These bills (which are virtually identical) undermine this ability and make it easier for oil and gas companies to drill without any input from impacted neighbors and community members. SB 174 (Sen. Greg Hertz, R-Polson), which was signed into law, will change a number of aspects of the subdivision review process. The
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bill’s intent is to put more power in the hands of developers, and less in the hands of local governments and affected neighbors. The bill restricts the conditions that may be placed on subdivisions, the way in which those restrictions may be applied, and the factors that may be utilized by a local government in making subdivision decisions. This bill was largely unnecessary, considering that the vast majority of subdivisions are already being approved and the current body of laws is long-established and functioning reasonably well. Another bill signed into law, SB 211 (Sen. Steve Fitzpatrick, R-Great Falls), is an attack on the interest of Montana communities in preserving agricultural soils through the subdivision review process. The bill is intended to specifically target a program in Missoula County that required subdivisions to preserve a percentage of prime agricultural soils, but the bill is applicable statewide and will almost certainly have unintended and negative consequences for other counties, in addition to prohibiting the counties from considering agricultural soil (and its innumerable benefits) during the subdivision review process. Two water quality bills related to development
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MONTANA ENVIRONMENTAL INFORMATION CENTER (SB 164 and SB 165, Sen. Carl Glimm, R-Kila) ultimately failed. SB 164 would have allowed for greater concentration of nitrates in groundwater mixing zones for septic systems, which ultimately would have resulted in the nitrates finding their way into adjacent ground and surface waters. The bill failed to pass the House. SB 165 would have eliminated sanitation review for subdivisions located more than 500 feet from surface water. Sanitation review is a critical element of the subdivision review process that the Montana Department of Environmental Quality conducts to assure that water quality is protected and that impacts from subdivisions are mitigated. This bill would also have eliminated water quality protections for minor subdivisions and eliminated sanitation review for facilities that expand under an existing permit, even if the permit is decades old. Thankfully, Gov. Gianforte vetoed this legislation. A number of other bills also failed to pass muster at the Legislature but, as mentioned above, these ideas are likely to be back in 2023. Rep. Julie Dooling (R-Helena) carried HB 528, HB 529, and HB 395. These bills would have dramatically changed the zoning and subdivision regulations in ways that would have made land use planning cumbersome, disjointed, and confusing, and ultimately have led to poor growth and unnecessary environmental impacts.
In a similar vein, HB 470 (Rep. Marty Malone, R-Pray) would have made the creation of planning and zoning commissions more difficult and limited the evidence they could consider in their decision-making. Finally, SB 349 (Sen. Steve Fitzpatrick, R-Great Falls) would have prevented county commissioners from establishing minimum lot sizes. That would have made it practically impossible for counties to consider site-specific characteristics in subdivision and zoning decisions, and would have made the process more unpredictable for both the landowners and the public. The amendments to the subdivision and zoning codes could have been even worse. In large part, the fact that they were not is due to the dedicated involvement of our members and supporters, who worked tirelessly to beat back these proposals. We also owe thanks to Kate McMahon and Bob Horne, who consulted with us and provided expert testimony on virtually all of these proposals (learn more about them in a story on pg. 17). We are justified in spending a little time celebrating, but we need to be alert in the next two years and prepare for the 2023 session, which will inevitably be another difficult one for land use planning protections in Montana.
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A Fundamental Reshaping of State Government by Derf Johnson
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ow our government functions, and the processes and procedures for governmental decision-making, are about as dry as a saltine cracker. These issues don’t get folks nearly as excited as MEIC’s work in protecting Montana’s clean air, clean water, and wild landscapes. But procedures for making important environmental decisions, such as those required by the Montana Administrative Procedures Act, are often just as important as substantive laws. Think of the Clean Water Act, or regulations for clean air and water, or that grizzly bears have room to roam. If there is one story to note from the 2021 Legislature on the processes and procedures of government, it is the attempts by the Legislature to consolidate power in the legislative and executive branches of government, to make government regulations and functions cumbersome, to reduce citizen participation and access to government, and to make the judicial branch of government less independent. Following this session, it’s clear that those of us who care about clean air and clean water in Montana need to engage at the fundamental level of how our government functions in order to assure that the processes we operate within are not stacked against us.
The Judiciary
The fundamental doctrine establishing the separation of powers implicit in our constitution
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became a top-of-the-fold story during the session. The brawl included legislative subpoenas, protective orders, and email information requests between the Legislature, Attorney General Austin Knudsen, and the Montana Supreme Court. All of this stemmed from SB 140 (Sen. Keith Regier, R-Kalispell), which eliminated Montana’s Judicial Nomination Commission and delegated appointment powers directly to the governor. This bill — along with HB 380 (Rep. Kerri SeekinsCrowe, R-Billings) that would contingently go into effect if SB 140 is found to be unconstitutional and would dramatically increase the number of individuals who serve on the Judicial Nomination Commission (and coincidentally are appointed by the governor) — is at the centerpiece of the Legislature’s and the governor’s attempts to reshape Montana’s judiciary. In Montana, judges are elected, and the appointment process only comes into play when there is a vacancy between elections. HB 395 (Rep. Barry Usher, R-Billings) will reduce the independence of the judiciary and make it more likely to be partisan. The bill requires Supreme Court candidates to run in districts, rather than “at large.” That will have the effect of preventing qualified judicial candidates from running for the Supreme Court and will prevent Montanans from being able to vote for all of the candidates. A similar law passed in 2011 was ruled unconstitutional, and HB 395 has already been challenged. A number of bad ideas failed to pass, including a bill that would have required judges to run for office with a partisan label and a bill that would have allowed for aggrieved parties to accuse judges of malfeasance (an impeachable offense) if they were not satisfied with the ruling or order of the judge. Because of the current makeup of the
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MONTANA ENVIRONMENTAL INFORMATION CENTER Legislature and the strong inclinations of the governor, the court system will play a critical role over the next decade in assuring that Montana’s environment is protected. Only time will tell whether the judiciary will preserve the important environmental protections guaranteed by Montana’s Constitution or whether it will also fall to the majority party’s attack on good government and the separation of powers.
State Agencies
Several bills were passed that took power away from state agencies and put it into the hands of the Legislature, and a number of others ultimately failed to pass but are likely to be considered in future legislative sessions. Most notable, SB 227 (Sen. Steve Fitzpatrick, R-Great Falls) allows the Legislature to repeal (by a simple majority vote) any regulation promulgated by state agencies. The bill provides that the Legislature can repeal administrative agency rules through a resolution and, because resolutions do not require the governor’s signature, it entirely removes the governor from the process. This bill was one of the first that Gov. Gianforte vetoed, but his veto was overridden unanimously by the Legislature. It will now be an incredibly cumbersome and uncertain process to develop rules to effectively carry out legislation and the day-to-day functions of state agencies, while simultaneously trying to satisfy the whims of a legislative majority. A few bills failed that would have made life difficult for state agencies. The worst was SB 323 (Rep. Chris Friedel, R-Billings), which would have required legislative approval for any rule that was estimated by a state agency to have an economic impact greater than $1 million. Because virtually all agency rules apply statewide and an economic impact of $1 million
for a statewide rule is a very low threshold, this bill would have virtually eliminated rulemaking by state agencies. Remarkably, this bill passed the Senate before it died in the House.
Citizen Participation
Apparently, the Montana Legislature believes that citizen participation in state government is a right that needs to be curtailed (and in some cases eliminated). The most shocking examples of this were HB 693 (Rep. Bill Mercer, R-Billings) and SB 278 (Sen. Greg Hertz, R-Polson). These bills specifically targeted environmental and conservation organizations, aimed to harass their membership, and chill their First Amendment right to organize and petition the government. The problematic portions of HB 693 were stripped from the bill. SB 278 passed but has been vetoed by the governor. As of the time of writing this article, whether the Legislature would be able to override the veto had not been determined. It would have required that every 501(c)(3) organization that initiates a court action against the government file a list with the Attorney General within a month of challenging a government action naming every individual and entity that had donated over $50 to it over the past year. If allowed to go into law, this bill would have effectively made the membership lists of environmental organizations public. The bill also contained a companion tax provision that would have taxed funds used by 501(c) (3) groups to challenge government actions. Gov. Gianforte did the right thing and vetoed the bill, stating that “the First Amendment protects donors and prohibits targeting them. Montana’s charities play an invaluable role in the betterment of Montanans and their communities. SB 278 undermines that role.” story continues on pg. 19
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
MEIC 2021 Voting Record The MEIC Legislative Voting Record has provided objective, factual information about the most important environmental legislation of all members of the Montana Senate and House of Representatives for every session since 1974. This year’s legislative scorecard includes critical votes on fossil fuels, land use planning, water quality, climate change, environmental policy, and clean energy.
For the full scorecard, including the list of 30 bills we scored, visit our website: https://meic.org/bill-tracker/#/legislators/ statescorecard
Environmental Champions
Rep. Denise Hayman (D-Bozeman)
Sen. J.P. Pomnichowski (D-Bozeman)
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A number of legislators have been heroes when it came to advocating and passing strong environmental protections throughout the years. MEIC relies heavily on these heroes in the fight for clean air, clean water, and a just transition to a clean energy economy. We’d like to acknowledge some of our biggest Rep. Mary Ann Dunwell champions who are term-limited. They (D-Helena) will be sorely missed.
Sen. Jill Cohenour (D-Helena)
Sen. Mary McNally (D-Billings)
Protecting Montana’s natural environment since 1973 .
MONTANA ENVIRONMENTAL INFORMATION CENTER Senator
Town
Representative
Town
Score
Representative
Town
Ankney, Duane
Colstrip
0%
Abbott, Kim
Helena
100%
Kerns, Scot
Great Falls
13%
Bennett, Bryce
Missoula
87%
Anderson, Fred
Great Falls
19%
Kerr-Carpenter, Emma
Billings
94%
Blasdel, Mark
Kalispell
0%
Bartel, Dan
Lewiston
13%
Knudsen, Casey
Malta
0%
Bogner, Kenneth
Miles City
0%
Beard, Becky
Elliston
13%
Knudsen, Rhonda
Culbertson
Boland, Carlie
Great Falls
100%
Bedey, David
Hamilton
6%
Kortum, Kelly
Bozeman
Boldman, Ellie
Missoula
100%
Brown, Bob
Thompson Falls
Cohenour, Jill
East Helena
Cuffe, Mike
Score
Score
0% 100%
Berglee, Seth
Joliet
0%
Lenz, Dennis
Billings
13%
0%
Bertoglio, Marta
Clancy
6%
Ler, Brandon
Savage
0%
100%
Binkley, Michele
Hamilton
13%
Loge, Denley
St. Regis
0%
Eureka
0%
Bishop, Laurie
Livingston
100%
Malone, Marty
Pray
Ellis, Janet
Helena
100%
Brewster, Larry
Billings
0%
Marler, Marilyn
Missoula
100%
Ellsworth, Jason
Hamilton
0%
Buckley, Alice
Bozeman
Marshall, Ron
Hamilton
13%
Esp, John
Big Timber
0%
Buttrey, Ed
Great Falls
6%
McKamey, Wendy
Ulm
6%
Fitzpatrick, Steve
Great Falls
0%
Caferro, Mary
Helena
94%
Mercer, Bill
Billings
6%
Flowers, Pat
Belgrade
100%
Carlson, Jennifer
Manhattan
0%
Mitchell, Braxton
Columbia Falls
13%
Fox, Mike
Hays
100%
Curdy, Willis
Missoula
100%
Moore, Terry
Billings
19%
Friedel, Chris
Billings
0%
Custer, Geraldine
Forsyth
25%
Nave, Fiona
Columbus
0%
Gauthier, Terry
Helena
0%
Dooling, Julie
Helena
6%
Noland, Mark
Bigfork
0%
Gillespie, Butch
Ethridge
0%
Dunwell, Mary Ann
Helena
100%
Novak, Sara
Anaconda
81%
Glimm, Carl
Kila
0%
Duram, Neil
Eureka
13%
Olsen, Andrea
Missoula
100%
Gross, Jen
Billings
100%
Farris-Olsen, Robert
Helena
100%
Patelis, James
Billings
Hertz, Greg
Polson
0%
Fern, Dave
Whitefish
94%
Phalen, Bob
Lindsay
0%
Hinebauch, Steve
Wibaux
0%
Fielder, Paul
Thompson Falls
13%
Putnam, Brian
Kalispell
25%
Hoven, Brian
Great Falls
13%
Fitzgerald, Ross
Fairfield
6%
Read, Joe
Ronan
0%
Howard, David
Park City
0%
Fleming, Frank
Billings
0%
Regier, Amy
Kalispell
13%
Jacobson, Tom
Helena
73%
France, Tom
Missoula
100%
Kary, Douglas
Billings
0%
Frazer, Gregory
Deer Lodge
Keenan, Bob
Bigfork
13%
Fuller, John
Whitefish
Lang, Mike
Malta
0%
Funk, Moffie
Helena
Lynch, Ryan
Butte
73%
Galloway, Steven
Great Falls
Manzella, Theresa
Hamilton
0%
Galt, Wylie
Martinsdale
McClafferty, Edie
Butte
93%
Garner, Frank
McGillvray, Tom
Billings
0%
McNally, Mary
Billings
Molnar, Brad Morigeau, Shane
100%
0%
0%
Regier, Matt
Columbia Falls
13%
0%
Reksten, Linda
Polson
19%
0%
Ricci, Vince
Laurel
0%
Running Wolf, Tyson
Browning
94%
13%
Schillinger, Jerry
Circle
0%
0%
Seekins-Crowe, Kerri
Billings
0%
Kalispell
0%
Sheldon-Galloway, Lola
Great Falls
19%
Gillette, Jane
Bozeman
0%
Skees, Derek
Kalispell
13%
93%
Gist, Steve
Cascade
13%
Smith, Frank
Poplar
69%
Laurel
27%
Greef, Sharon
Florence
7%
Stafman, Ed
Bozeman
100%
Missoula
87%
Gunderson, Steve
Libby
13%
Stewart-Peregoy, Sharon
Crow Agency
100%
O’Brien, Shannon
Missoula
100%
Hamilton, Jim
Bozeman
100%
Stromswold, Mallerie
Billings
Osmundson, Ryan
Buffalo
0%
Harvey, Derek
Butte
69%
Sullivan, Katie
Missoula
100%
Pomnichowski, J.P.
Bozeman
100%
Hawk, Donavon
Butte
81%
Tenenbaum, Danny
Missoula
100%
Pope, Christopher
Bozeman
100%
Hayman, Denise
Bozeman
Thane, Mark
Missoula
100%
Regier, Keith
Kalispell
7%
Hill, Ed
Havre
13%
Trebas, Jeremy
Great Falls
0%
Sales, Walt
Manhattan
7%
Hinkle, Caleb
Belgrade
13%
Tschida, Brad
Helena
13%
Salomon, Daniel
Ronan
7%
Hinkle, Jedediah
Belgrade
13%
Usher, Barry
Billings
13%
Sands, Diane
Missoula
Holmlund, Kenneth
Miles City
6%
Vinton, Sue
Billings
13%
Small, Jason
Busby
7%
Hopkins, Mike
Missoula
7%
Walsh, Kenneth
Twin Cities
6%
Smith, Cary
Billings
0%
Jones, Llew
Conrad
7%
Weatherwax, Marvin
Browning
100%
Sweeney, Mark
Philipsburg
80%
Karjala, Jessica
Billings
100%
Welch, Tom
Dillon
Tempel, Russ
Chester
7%
Kassmier, Joshua
Fort Benton
0%
Whiteman Pena, Rynalea
Lame Deer
Vance, Gordon
Belgrade
0%
Keane, Jim
Butte
69%
Whitman, Kathy
Missoula
6%
Webber, Susan
Browning
100%
Kelker, Kathy
Billings
94%
Windy Boy, Jonathan
Box Elder
100%
Welborn, Jeffrey
Dillon
Keogh, Connie
Missoula
100%
Zolnikov, Katie
Billings
100%
7%
100%
100%
Clean and Healthful, it’s Your Right, Our Mission.
0%
6% 100%
13%
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MONTANA ENVIRONMENTAL INFORMATION CENTER
Colstrip Chaos (continued from page 6) make the terms more favorable to NorthWestern. The state and federal constitutions do not allow governments to interfere with private contracts, but that is exactly what both bills do. The morning after the Governor signed both bills, the owners started filing lawsuits against each other in federal and state courts, making an already complex situation even more unwieldy and, ironically, almost certainly accelerating the plant’s closure. Never satisfied, NorthWestern also convinced the Legislature to eliminate a $2.5 million penalty, to have been paid by its shareholders for failure to comply with the Montana Renewable Energy Standard, money that would have gone to lowincome and tribal energy assistance programs. It also supported eliminating the public vote on nuclear power plants and the Montana Renewable Energy Standard, and repealed important provisions in law that leveled the playing field between fossil fuels and renewable energy (see
the article on pg. 8 for more details). Fortunately, some of NorthWestern’s bills were even too much for this Legislature to stomach. A bipartisan effort in the House Energy Committee led to the defeat of Senator Ankney’s SB 84, which would have weakened the Montana Consumer Counsel, the entity constitutionally charged with representing consumers before the PSC. Similarly, the House Energy Committee defeated proposals that would have weakened the PSC’s power to oversee NorthWestern’s interest in Colstrip (HB 314 and HB 245). One thing is clear after this session, NorthWestern can’t be trusted. It is an unscrupulous monopoly utility that disdains its customers’ financial well-being. Its selfserving efforts prove the need for thorough and independent government oversight of public utilities.
development of total maximum daily loads for restoring waters that do not meet the standards. SB 358 directs the Montana Department of Environmental Quality (DEQ) to adopt rules creating narrative nutrient standards and to develop an “adaptive management” program. The bill requires DEQ to complete the rulemaking by March 2022. Due to the overwhelming complexity of Montana’s water quality system and its variations, as well as the myriad sources of nutrient pollution, the adoption of sciencebased and legally defensible rules and regulations, particularly narrative ones, within this incredibly short timeframe is likely impossible. After the adoption of regulations, DEQ would then approach the adaptive management program through an “incremental watershed approach,” as specified in SB 358. Experience in Montana has shown that the design and implementation
of adaptive management processes for nutrient pollution, at a watershed scale, take several years and a large commitment of resources. Expanding this process statewide will likely take decades and, during the interim, will result in more nutrient pollution in our rivers, streams, and lakes. MEIC intends to participate in the rulemaking process for SB 358 but has serious concerns regarding the legality and scientific integrity of the new law. The adoption of SB 358 will almost certainly put Montana into a backslide in terms of controlling and addressing nutrient pollution in our cherished waterways. “Backsliding” is specifically prohibited by the federal Clean Water Act and regulations established by the EPA. While the current system for controlling nutrient pollution is not perfect, it has resulted in economic and environmental benefits that a narrative approach simply can’t accomplish.
Water Quality(continued from page 7)
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Protecting Montana’s natural environment since 1973 .
MONTANA ENVIRONMENTAL INFORMATION CENTER
Member Spotlight: Kate McMahon & Bob Horne by Melissa Nootz
K
ate McMahon and Bob Horne have been helping Montana communities from Baker to Troy for 16 years, working in local government or as expert consultants on issues including parks and trails, proposed coal plants and slaughterhouses, growth policies, housing, zoning, subdivisions, and everything in between. They first met in 1993. Kate was working in Champaign, Illinois, and Bob was working in Jackson, Wyoming, but they both attended a National Planning Conference in Chicago, and their connection blossomed into a lifetime partnership. “What can we say, we’re planning nerds,” Bob explained. “On family road trips, we would drive our two boys nuts as we critiqued sign codes, landscape ordinances, and architectural standards of the towns we drove through.” Luckily for Montana, they put down roots together in Whitefish to face our state’s unique land use challenges. Kate and Bob are in deep agreement about their frustration with the legislature interfering with local control. This kind of top-down control can impair local governments from achieving their What’s your motivating issue? Kate: Community planning Bob: Grassroots collaborative community planning Why I belong to MEIC: K ate: T he k nowle dge able and ef fe cti ve conservation staff. Bob: It’s a local grassroots organization, where it’s easy to engage with the organization’s staff and state leadership. What I want to pass on: Kate: I want to leave the planet in as good of shape or better than it is now. Bob: I want to leave a legacy of successful communities where people can participate and make a difference.
community’s vision, such as addressing climate disruption or meeting clean energy goals. It also undermines practical solutions to meet basic needs for regular Montanans — housing, for example. In the last few years, both Whitefish and Bozeman have adopted forward-thinking programs to produce affordable workforce housing through programs such as inclusionary zoning. The 2021 Legislature enacted a bill prohibiting this program, despite overwhelming testimony against the bill. All over Montana, planners like Kate and Bob are dismayed that the legislature is eliminating tools that communities rely on to address planning and quality of life issues. Their commitment to grassroots advocacy motivates them to support the MEIC program staff and mission. This legislative session was riddled with the most widespread harmful policies they ever witnessed, they said. Seeing bills die, only to be resurrected and attached to different bills “was like watching a horror show where the serial killer keeps coming back,” Kate said. She said citizens shouldn’t become complacent or relax once a bill dies. Additionally, state government isn’t subject to the same public notice requirements as local governments are. Bob witnessed short notices for hearings that restricted public participation to a minimum throughout the session. It’s for these reasons that Kate and Bob see MEIC’s role closely monitoring bills and quickly updating members as critical to the legislative process, and it’s the reason they continue to support MEIC as active members.
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
Zortman-Landusky Nightmare by Derf Johnson
W
ithout a doubt, the permitting system for hardrock mining in Montana is broken. There can be no other explanation, and no justifiable excuse, for the exploration permit that was recently issued by the Montana Department of Environmental Quality (DEQ) to an unlicensed Montana entity calling itself Blue Arc. The permit allows Blue Arc to conduct exploration activities at the former Zortman-Landusky mine site, an ongoing environmental nightmare that will likely have to be managed for generations – well into the next century. What is truly distressing is not just that this permit was issued, but that the Fort Belknap Indian Community (FBIC), which is directly downstream of the former mine and has borne the brunt of its pollution and devastation, was never consulted by DEQ in advance of it issuing the permit. This egregious decision and environmental injustice by DEQ has forced FBIC, along with MEIC and partner organizations, to initiate legal proceedings challenging the process and validity of the permit. By way of background, the Zortman-Landusky gold mine is actually two distinct sites that were originally permitted for gold mining in the late 1970s. Pegasus Gold Corp. owned and operated the mines utilizing a process known as cyanide heap leaching, a process that is now banned in Montana due to an MEIC-sponsored ballot initiative. During its operation, the mine produced approximately 2.5
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million ounces of gold and operated until 1998, when Pegasus abruptly declared bankruptcy and fled Montana, leaving behind a number of mining operations that were under-bonded, unreclaimed, and toxic. Due in part to a provision in Montana’s Constitution which requires that “all lands disturbed by the taking of natural resources” be reclaimed, the former Pegasus mine lands and waters are now being remediated, reclaimed, and treated by the state and federal government. As of 2018, at least $80 million of public money has been spent, and the State of Montana has shelled out over $32 million at the Zortman-Landusky site alone. Due to the ongoing water treatment costs associated with the acid mine drainage emanating from the old mine workings, upwards of $2-$2.5 million in public money will have to be spent annually, in perpetuity (i.e., forever), to control the Zortman-Landusky pollution. The story of this disaster only gets richer. Zortman-Landusky and the other Pegasus sites became the poster children for problems in the permitting and bonding of hardrock mines in Montana. The outcry led to legislative reform in the 2001 Montana Legislature, including increased bonding requirements and the creation of Montana’s “Bad Actor” law. The Bad Actor law inserts accountability into the process for hardrock mining owner/operators by preventing new operating permits from being issued to individuals and corporations if the reclamation obligations for an already permitted mine are not being satisfied. This provision was recently used to suspend the operating permits for mines proposed on the flanks of the Cabinet Mountains
Protecting Montana’s natural environment since 1973 .
MONTANA ENVIRONMENTAL INFORMATION CENTER Wilderness Area in northwestern Montana, as the current CEO of Hecla (the Idaho corporation working to open the mine) also had served in a leadership role of Pegasus Gold immediately before its bankruptcy declaration. The Zortman-Landusky site is in the Little Rocky Mountains, which is the headwaters for much of the FBIC’s water source and a significant cultural site for the tribe. In a recent press release on the legal challenge to the permit issued by DEQ, FBIC President Andrew Werk, Jr. stated: “To this day, the Gros Ventre and Assiniboine Tribes continue to experience devastating health and environmental consequences from past mining. By giving the green light to Zortman exploration without proper tribal consultation and adequate analysis of environmental impact, DEQ has shown shocking indifference to the enormous potential for further water contamination, harm to tribal members, and permanent contamination of tribal lands. It’s as if we have learned nothing from the past.”
Without question, the permitting of new mining at the old Zortman-Landusky reclamation site could undo decades of currently ongoing reclamation work and jeopardize cleanup efforts that are still underway. But DEQ’s failure to consult with the FBIC about mining in the headwaters of their reservation is an environmental justice issue that demonstrates how Montana agencies are still enacting discriminatory policies. It’s also distressing that a search of publicly available online records has uncovered the fact that Blue Arc’s business registration in Montana has been inactive since November 2017, meaning that DEQ issued a permit to a company that is apparently not licensed to conduct business in Montana. In this litigation, MEIC is joined by the Fort Belknap Indian Community and Earthworks. We are represented by Earthjustice, and the Indian Law Resource Center is also a participant in the litigation.
Reshaping Government (continued from page 13) HB 693, a funding mechanism for state government largely related to the state government budget bill HB 2, had a provision added to it by Sen. Duane Ankney (R-Colstrip) that would have required Montana’s attorney general to “investigate” the membership, funding, and activities of environmental organizations. The provision reeked of McCarthyism and assigned $250,000 to carry out the investigation. The amendment was stripped from the bill, and this terrible idea was put to bed. A few bills passed that impact the ability of citizens to petition for government redress. Most notably, HB 481 (Rep. Steve Gunderson, R-Libby), the “critical infrastructure” bill, adds additional criminal charges for trespass and vandalism activities that are related to “critical infrastructure” projects, such as pipelines and power plants. These activities are already illegal, and the real intent behind this bill is to target
Montana’s Tribes concerned about impacts to water quality, and to chill the right of Montana citizens to protest projects which harm the environment. The bill also has incredibly broad “conspiracy” language, which implicates organizations that may encourage peaceful protests. Organizations such as the ACLU of Montana and Tribal representatives spoke out against this bill. It’s likely to receive a legal challenge due to its potential to infringe upon First Amendment rights. Finally, HB 695 (Denley Loge, R-Saint Regis) was an outrageous bill with a terrible amendment that would have allowed state agencies to require fees to submit public comments on Environmental Impact Statements. This amendment was stripped and the bill died, but not after some serious outrage from members of the public over this affront to citizen participation in government.
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
Is NorthWestern Energy Allergic to Clean Energy or Just Addicted to Fossil Fuels? by Anne Hedges
I
n late May, NorthWestern Energy filed a request with the Montana Public Service Commission (PSC) to build a 175-megawatt gas plant near Laurel, Montana. It also proposed a 50-megawatt battery storage project that could be used for electricity generated from any source, including coal and gas. When announcing the proposed new $286 million gas plant, NorthWestern comically stated that building such a plant will help it meet its carbon reduction targets… despite the fact that gas is a fossil fuel. It underscores how out of touch NorthWestern is with the meaning of words and with the changing energy markets. Two decades ago, people called gas a bridge fuel to a low-carbon economy. We’ve learned a lot since that time. Gas extraction and transport are notorious for high methane emissions. Over a 20-year time horizon, methane is a greenhouse gas that is 84 times more potent than carbon dioxide. As the U.S. and other countries adopt policies to reduce greenhouse gas emissions, gas plants will be under increased pressure to install expensive emissions reduction equipment, have customers pay escalating emission fees, or shutdown the plants, making them a “stranded asset,” which means that customers will have to keep paying for the plant even though it is no longer operating. Any of these options is expensive. NorthWestern is hoping the PSC will allow it to charge customers the $286 million needed to build the plant plus allow it to earn nearly 10.3% on its investment. In addition, NorthWestern’s customers will have to pay the annual costs to operate and
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maintain the plant, including the cost of the gas necessary to run the plant, which is predicted to increase significantly over the next decade. NorthWestern’s plan comes at a time when the federal government is under increasing pressure to stop leasing oil and gas resources on public lands. The Biden Administration is analyzing the problem as it tries to move the U.S. toward a more sustainable energy economy. Potential future lim its on the Why we don’t talk use of gas could lead to increased costs. Many about “natural” gas Montanans heat You may have noticed their homes that MEIC doesn’t use the with gas, so this term “natural gas,” and that’s could increase for good reason. Gas is just conf licts over as natural as coal, arsenic or whether to use a uranium; adding the word limited supply of “natural” to it doesn’t make gas to heat homes it better or safer for the or to generate environment. electricity. In a cold state such as Montana, we should plan our path to a low-carbon economy with these challenges and limitations in mind. Using gas for electricity generation is misguided and will be increasingly more expensive. Finally, NorthWestern constantly states that it needs more flexible capacity. Flexible capacity is electricity that is available on short notice when there are spikes in demand, such as on a hot summer day, or on a cold day in the middle of winter. Many utilities are increasingly relying on solar, wind, and geothermal resources, and on different types of storage technologies (e.g., pumped hydro and various battery technologies). NorthWestern, unsurprisingly, picked its own gas plant to fill its purported flexible capacity need instead of choosing from a host of proposals that were submitted by clean energy developers from
Protecting Montana’s natural environment since 1973 .
story continues on pg. 22
MONTANA ENVIRONMENTAL INFORMATION CENTER
MEIC Challenges Oil & Gas Development by Anne Hedges
M
EIC recently joined two legal actions regarding oil and gas development at the national level. The first is in defense of President Biden’s pause on oil and gas leasing on public lands. The second is a challenge to the U.S. Army Corp of Engineers’ Nationwide Permit for oil and gas wells crossing waterways. Both cases are intended to protect the environment and climate from the harm caused by oil and gas development and pipelines in Montana and across the country. Immediately after the Biden Administration issued the executive order pausing the issuance of oil and gas leases on public lands, the State of Wyoming and the Western Energy Alliance filed suit. In April, the Western Environmental Law Center and Earthjustice filed motions to intervene on behalf of MEIC and other environmental organizations to defend the executive order. The leasing pause is a part of the Biden Administration’s commitment to address the climate crisis. In this case, the Administration instituted the pause while it completes a comprehensive review of the Department of Interior’s leasing program, in order to ensure that climate and environmental impacts are thoroughly considered and mitigated. The pause is the first step in a long-overdue review of the federal oil and gas leasing and permitting program. In early May, MEIC joined other organizations to challenge a U.S. Army Corps of Engineers process to fast-track permits for oil and gas pipelines such as Keystone XL. Called Nationwide Permit 12 (NWP 12) the permitting scheme was developed to allow quick approval of pipelines that have insignificant impacts on waterways. Unfortunately, the federal government has grown to rely on NWP 12 to permit large and small pipelines that cross waterways across the
country and by-pass important environmental review and public participation obligations. This puts thousands of waterways at risk. The case was filed in federal district court in Great Falls. MEIC is pleased to be represented by Sierra Club. Other parties include Friends of the Earth, Center for Biological Diversity, Natural Resources Defense Council, Bold Alliance, and Waterkeeper Alliance.
Victory: Methane regulation The U.S. Senate took a critical step in April to undo a Trump Era rollback. Throu gh the Congressional Review Act, the Senate reversed a dangerous methane rule which prevents the Environmental Protection A gency from regulating methane emitted from new wells. This makes room for the Biden Administration to adopt stringent regulations on methane, a potent greenhouse gas accompanied by toxic copollutants. Make no mistake, there’s still lots of work to do on oil and gas, but this was a big win!
Clean and Healthful, it’s Your Right, Our Mission.
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MONTANA ENVIRONMENTAL INFORMATION CENTER
Meet Melissa Nootz
I
’m grateful and humbled to join MEIC during a critical time in the fight to protect Montana communities and our shared landscape. Growing up in rural Nebraska, my deep love for the sweet smell of the open prairie, broad rolling Sandhills, and extraordinary biodiversity found across the Great Plains invited me to embark on the long path of advocacy to protect expansive interconnected ecosystems. Like many college students, I balanced several jobs over years of studies, including knocking on doors for Nebraska Citizen Action to advance wind power, preparing mammalogy and parasitology collections for the University of Nebraska museum, researching evolution and behavior, teaching zoology lab courses, and numerous customer service jobs. Equally impassioned by literature and science, I earned my B.A. in English and B.S. in Biological Sciences, and continued toward graduate research in ecology, evolution, and animal behavior — where I learned that a career working to publish research was not my path. Living the past 15 years in Missoula, Anaconda, and now Livingston has expanded my understanding of Western resilience illuminated by the catastrophes that corporate greed can inflict on entire ecosystems, watersheds, wildlife, and generations of people far into the future. Advocating for Montana families for more than a decade, while watching the upswing of short-sighted political leaders normalizing dangerous policy is enough to horrify anyone, and ignited me to serve my own community as an elected Livingston City Commissioner. Joining the team at MEIC is where all my experiences converge, offering me the opportunity to continue defending this place we love alongside my colleagues fighting for a clean and healthful environment, is truly a dream job come true. In all my years of advocacy, I’ve never witnessed such an engaged and strong membership as you all here at MEIC. Thanks to each of you who have welcomed me as we’ve forged forward together through this challenging legislative session. And I look forward to working alongside many more of you in the future!
NorthWestern Allergies (continued from page 20)
around the country. If NorthWestern is confident that gas is the only possible option for its energy needs, then it should be transparent in providing data on the projects that were rejected, their costs, their ability to provide electricity on demand, and their carbon footprint. NorthWestern has always tried to hide this type of information, claiming that it is proprietary and/or confidential. Other,
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more open utilities, have publicized this same data to show the cost advantage of clean energy. NorthWestern should do the same. But if NorthWestern follows its past practices and hides such information, its customers should be skeptical of whether the gas plant is actually a good idea or whether it is just another scheme to enrich shareholders at customers’ expense.
Protecting Montana’s natural environment since 1973 .
MONTANA ENVIRONMENTAL INFORMATION CENTER
All Means All by Cari Kimball and Anne Hedges
D
iscussions of racial, social, and gender inequity or injustice can feel far removed from our environmental work, not to mention uncomfortable. Both of us were raised to avoid topics that ruffle feathers, especially conversations about wealth and power disparities. But avoiding the root of the problem can perpetuate environmental issues for generations. When we see air pollution from a coal plant or acid mine drainage damaging a waterway, we want to fix it! But what we’re often seeing is only the flowering portion of a much larger plant. Sometimes when groups approach environmental advocacy work, it can be a bit like snipping the flashy yellow flowers off of dalmatian toadflax. The work might result in localized improvement, but it doesn’t address the underlying problem. At the root of asthma caused by bad air quality and streams running orange with mine drainage in Indigenous communities are policies that allow for pollution to happen in “sacrifice zones” or to “sacrifice populations.” If we are chopping off flowers (by stopping a mine or coal plant), but giving the roots fertilizer (by continuing to leave marginalized people out of decisions that impact them most), we are increasing the inequity in the system. Our movement is stronger when all voices are included.
Additionally, the environmental problems MEIC tackles are complex and multifaceted. Our work is most effective when our team has diverse strengths, perspectives, and life experiences to help find meaningful, durable, and just solutions. After all, our job is to protect the right of ALL Montanans to a clean and healthful environment. That’s why our organization is working to more fully integrate values of justice, equity, diversity and inclusion into our work on environmental protection. To quote the late Sen. Paul Wellstone, a champion for environmental rights and equity: “We all do better when we all do better.” We strongly believe that and hope you’ll join us on this journey! If you’re interested in hearing more about how we’re going after the root of the problem, so to speak, we will periodically share resources (e.g., articles, podcasts, videos, webinars, and book recommendations), and invite folks into discussion about what environmental justice means for MEIC. We know that people are coming to the conversation with different levels of comfort and different perspectives, so we welcome everyone to the conversation as we learn more about how to integrate these concepts into our work ensuring that Montana’s environment is clean and healthful for all.
Clean and Healthful, it’s Your Right, Our Mission.
MEIC - a nonprofit environmental advocate MEIC’s purpose is to protect Montana’s clean and healthful environment.
MEIC Staff Co-Directors: Anne Hedges Cari Kimball Programs: Anne Hedges Derf Johnson Conor Ploeger Communications: Katy Spence Campaigns: Melissa Nootz Fundraising: Mel Griffin Cari Kimball Administrative: Adam McLane
P.O. Box 1184 Helena, MT 59624 P.O. Box 1375 Missoula, MT 59806 (406) 443-2520 www.meic.org meic@meic.org
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Protecting Montana’s natural environment since 1973 .
