Zortman Landusky Mine

Zortman-Landusky Nightmare

by Derf Johnson

Without 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 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

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.