Gallatin Gateway – In a matter of statewide significance, Gateway Conservation Alliance (“GCA”) filed a new lawsuit this week challenging the issuance of TMC, Inc.’s Opencut Mining Permit #3462 for a new gravel pit located in Gallatin County, Montana (the “Black Pit”) and contesting parts of Montana’s Opencut Mining Law as facially unconstitutional.

More specifically, in its new lawsuit, GCA alleges that House Bill 599 (“HB 599”) allowed Montana’s Department of Environmental Quality (“DEQ”) to issue this and innumerable other Opencut Mine permits around the state without assessing critical human, environmental and wildlife factors.

Furthermore, GCA alleges through this lawsuit that HB 599 essentially eliminated DEQ’s duty and ability to review proposed opencut mining operations for environmental harms, including surface and groundwater quality, as well as removed public participation opportunities. The result has been to turn the Opencut Mining Act’s (“OMA”) permitting process into a meaningless form-filling exercise.

Montanans have a fundamental right to a clean and healthful environment as guaranteed by Article II, Section 3 of the Montana Constitution, which rests at the center of this new lawsuit. As a result, GCA alleges that HB 599 thereby violates the Legislature’s duty to provide for adequate remedies and administration to maintain and improve a clean and healthful environment under Article IX, Section 1 and Article II, Section 3 of the Montana Constitution and the public’s right of participation under Article II, Section VIII of the Montana Constitution.

Passage of HB 599 by the Legislature and signed into law by the Governor has rendered the OMA incapable of ensuring Montanans their constitutional rights to prevent environmental harms. HB 599 created arbitrary loopholes with which to avoid permitting altogether, removed essentially all substantive environmental considerations from DEQ’s decision-making, including the ability and authority to prevent harmful projects from occurring and minimized or erased opportunities for the public to give input or for DEQ to conduct a meaningful and rigorous permit review.

Tracie Gibbons for GCA stated. “While we certainly did not ask for this fight or want it forced upon us, we are proud to bring this case to hold our government accountable to our Constitution, which demands that our natural life support system be protected for present and future generations. We look forward to moving this critically important case forward both to defend our home and community in Gallatin Gateway, but more importantly, to protect communities around Montana and ensure our rights to a clean and healthy environment.”

Legal counsel for GCA and other groups around the state, Graham Coppes, said: “While we expected the mining companies to fight us, we did not expect our biggest opponent to be the State of Montana. What we have learned through this process is that the state – by and through the Department of Environmental Quality - is pouring endless hours, dollars, and legal resources into fighting against citizens, communities, clean water and air, all to increase the bottom line of a few private companies.” The State cannot plausibly contend that “cutting red tape” constitutes an interest of the “highest order” that cannot be “otherwise served” without gutting Montanans Constitutionally enshrined environmental protection against the potentially harmful consequences of these mining operations.”

Big Sky – Plaintiffs supporting the efforts of the Big Sky Wellness Coalition filed a lawsuit in the Madison County District Court today after months of unsuccessful attempts to communicate with and obtain records from Madison County regarding the Madison Valley Hospital District and the refusal of the Madison County Commissioners to hold a hearing on the petition to withdraw from the Hospital District.

The Big Sky Wellness Coalition is comprised of partners and community members across diverse organizations who have a shared interest in addressing the growing gap in the Big Sky community’s healthcare services. Through collaboration, the coalition began an effort to address community needs in health and wellness services, and in August of 2023 began the effort of collecting signatures on a petition to withdraw from the Hospital District.

With the petition, Madison County residents of Big Sky aimed to withdraw from the Hospital District, citing the taxpayers within the boundary of the special hospital district have been unable to utilize the services provided due to proximity and an inability to access those services in Madison County. Madison County residents of Big Sky would need to commute 2.5 hours and through an adjoining county to have access to the services funded through taxes they currently pay to this special hospital district. The signatures collected targeted the eligible list of qualified voters identified by the advice and methodology provided by the Madison County Clerk & Recorder last October. More than 240 signatures were collected, enough to meet the 51% threshold requirement for a hearing on the merits, and in December 2023 the petition was filed.

Minutes into the January 18, 2024, hearing, the meeting adjourned after the Clerk & Recorder announced that approximately 200 signatures were disregarded and therefore the petition did not contain enough eligible signatures for the hearing to take place. In a subsequent follow up with the Clerk & Recorder, advocates learned the methodology applied in January was different from the original framework provided, and further that multiple signatures eligible even under the Clerk & Recorder’s second methodology were erroneously rejected. Despite the coalition’s best efforts, the Madison County Commission refused to reconsider the Clerk & Recorder’s erroneous methodology and signature tally and refused to hold a hearing on the merits of the petition.

The complaint filed in Madison County’s Fifth Judicial Court details four counts seeking preliminary and permanent injunctive relief and asks the court to enter an order directing the Commissioners to cease levying taxes on Plaintiffs to fund the special hospital district, given that it appears the special hospital district does not legally exist and/or is not operating properly under Montana law. The request also asks the court to direct the Commissioners to find the original petition meets the required threshold for signatures, and to schedule a time for a hearing on the merits of the petitioners’ requested withdrawal from the special hospital district within the 2024 calendar year. The petitioners assert their tax dollars should fund services within their community that they actually receive and use, rather than fund services they cannot and do not access.

The complaint filed today can be found here. To learn more about the Wellness Coalition, visit www.wellnesscoalitionbigsky.com.

HELENA – Do you plan to train your dog on wild game birds this season? If so, a bird dog training license is required, and you must abide by season dates when training on public land. 

This is the second year that this license has been required, after it was created during the last Montana legislative session. In addition, a slight change was made to the nonresident season dates (from a start date of Aug. 15 to a later start date of Sept. 1).  

Below are a few reminders: 

Who needs this license: 

Anyone training bird dogs on wild game birds needs to hold a bird dog training license, whether they are training on private or public land (note training season dates below for public land). 

How to obtain this license: 

• Licenses can be purchased online, at an FWP office, or at any license provider. 

  • Licenses are: $5 for any Montana resident over age 18 
                         $10 for any nonresident over age 18 

• Note: A special recreational use license (SRUL) from the Montana Department of Natural Resources and Conservation (DNRC) may be needed to train on state school trust lands. 

Public land bird dog training dates: 

• Resident training dates are Aug. 1-March 31. 

• Nonresident training dates are Sept. 1-March 31. 

Montana State University graduate student Lauren Gedlinske is pictured Thursday, July 18, 2024, in Bozeman, Montana. MSU photo by Colter Peterson

Road Closure Announcement

Mendenhall Sewer Replacement Project
This project is currently scheduled to begin on August 5th. This project will have a full closure of Mendenhall Street as they work from Grand Avenue to 5th Avenue.