Gravel Pits

Gravel Pit Developers Tramp on Neighbors’ Rights and Sage Grouse.... Again

by Derf Johnson

Session after session, gravel mine developers persuade legislators to weaken protections for neighboring landowners, water, and wildlife – but this session their proposals are truly extraordinary. Two bills would eliminate or severely limit the rights of neighbors as well as eliminating critical protections for sage grouse.

HB 599 (Rep. Steve Gunderson, R-Libby) is a fundamental rewrite of gravel mine laws. It prohibits the Montana Department of Environmental Quality (DEQ) from limiting the operating hours of gravel mines, from requiring range or wildlife “fire prevention and control” measures, and from considering acid mine drainage or sedimentation on adjoining lands or waterways for all gravel pits regardless of size. It also creates two different permitting processes. The worst one would apply in instances where the operator argues that it won’t impact surface or ground water or there are fewer than 10 primary residences with permanent water and sewer systems within one-half mile of the mine site. In those instances, there would be no public notification, hearings, involvement, or consideration of neighbors’ concerns. Current law requires public involvement for all proposed gravel mine permits as long as there are 5 residences within one mile.

HB 599 guarantees that in drier areas of the state, neighboring landowners will have no notification or opportunity to protect their property or health from gravel mine operations. The bill also shortens DEQ’s permit review from 30 day to 15 days in most instances. The bill quite possibly violates Montanans’ constitutional right to participate in government decision-making and would devastate the property rights of neighboring landowners.

SB 284 (Sen. Russel Tempel, R-Chester) would eliminate any requirement that gravel mines provide compensatory mitigation for impacts to critical sage grouse breeding grounds (known as leks) if the gravel mine operation is more than six-tenths of a mile from the lek. This limitation on sage grouse protections will further harm an already imperiled bird and make the listing of the sage grouse under the federal Endangered Species Act more likely – something hunting and agricultural interests have tried hard to avoid.

Clean Energy (continued from page 9)

Defeats, Per Se

There have been many bills that have died in this session that would have been good for Montana. HB 150 (Rep. Mary Ann Dunwell, D-Helena) would have established a carbon tax in Montana. HB 99 (Rep. Denise Hayman, D-Bozeman) would have required NorthWestern to do its due diligence before purchasing an electricity-generating resource by eliminating a step in the process called pre-approval. HB 182 (Rep. Laurie Bishop, D-Livingston) would have changed the amount NorthWestern could collect from its customers when it fails to accurately project its expenses. Finally, SB 197 (Sen. Janet Ellis, D-Helena) would have eliminated certain requirements in the RPS in order to make it easier for NorthWestern to purchase electricity from CREPs.

Sen. Christopher Pope, D-Bozeman introduced a handful of bills this session. One would have established a rate that would have encouraged the development of electric vehicle charging stations by making it easier for the manufacturers to procure energy from public utilities, and his SJ 12 proposed a study of electric transportation throughout Montana. SB 292, another of Sen. Pope’s bills, would have established utility energy conservation standards to encourage utilities to establish annual conservation targets.

While electric vehicles (EVs) have been slow to gain widespread popularity in the U.S., the global movement away from gas-powered vehicles may pull our reluctant country into the next phase of transportation.

Pressure from international governments, stock market support, and consumer demand for climate-friendly products are pushing auto manufacturers to make ambitious promises surrounding EVs.

In Jan. 2021, General Motors (GM) became the first U.S.-based automaker to pledge a cessation of production on gasoline-powered cars, vans, and SUVs by 2035, despite the company’s support of the Trump Administration’s relaxed fuel efficiency targets. Following its EV announcement, however, GM’s stock rose 3.5%.

Ford has also made promises to invest in electric and autonomous vehicles. The Mustang Mach-E hit dealerships in March, and critics predict its $40,000 price tag (plus $7,500 federal tax credit) will make it an appealing choice for consumers who balk at Tesla’s more pricey models.

And Volkswagen announced just last week that it aims for more than 70% of its European sales to be EVs by 2030, with a goal of 50% each in the U.S. and China.

It’s like a set of dominoes: between consumer demand, regulations, and manufacturer competition, knock one down, and the rest will follow.