MONTANA ENVIRONMENTAL INFORMATION CENTER
The Environmental Injustices of Montana’s Mining Laws by Derf Johnson
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is not easy but, if conducted properly, can help to avoid the worst environmental outcomes of the mining activity. Montana does have strong public participation and “right-to-know” provisions in its Constitution that have assisted and bolstered MEIC in its work to fight the most egregious mining proposals. However, the way in which the State of Montana conducts the permitting and oversight of hardrock mines receives an F grade when it comes to environmental justice. Montana mining laws do not provide for the fair treatment and protection of all Montanans, regardless of their background, from the worst impacts associated with mining. In fact, it’s clear that the mining laws and regulations on the books encourage, rather than prohibit, inequity. The U.S. Environmental Protection Agency (EPA) defines the concept of “environmental justice” as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” Only recently have the principles of environmental justice begun to be incorporated into federal laws and regulations. A number of states are following suit. Notably, though, no Rocky Mountain state, and that includes Montana, has adopted specific environmental justice laws or principles. To expand upon that definition, Detroiters Working for Environmental Justice has noted that “certain groups in society bear unequal environmental and economic burdens such as poor air and water quality, as well as unhealthy living Acid mine sludge settles at the Swift Gulch Treatment Plant. The conditions resulting from industrial, sludge will be buried at the Landusky site. Photo by Karl Puckett. municipal, and commercial operations and/ ining is a dirty business. There’s really no way around it. Mitigation activities can certainly be incorporated into mining plans, but these steps often only reduce, not eliminate, mining’s environmental impacts and damage. The fact is that extracting large volumes of minerals from the earth is energy-intensive, displaces all other activities during the mining process, involves exposure of water to toxins, and generates enormous amounts of waste. These are unfortunate realities. Where mines are permitted and how they are regulated, including the specific environmental and permitting standards that are used, are absolutely critical in deciding how we obtain the metals needed to power modern society and the ever-growing clean energy sector. The process for permitting mines, including its public involvement component, is arguably just as important as the substantive environmental standards. Developing a fair and equitable process that adequately informs and involves the public
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Protecting Montana’s natural environment since 1973.
