ELR Citation: 54 ELR 20032
No(s). 22-0406 (Mont. Feb 26, 2024)

The Montana Supreme Court, 5-2, reversed a lower court order that revoked the Montana Department of Environmental Quality's (MDEQ's) approval of a permit for construction and operation of a proposed copper mine. Conservation groups argued MDEQ's issuance of the permit violated the state's Metal Mine Reclamation Act and Montana Environmental Quality Act. The district court concluded MDEQ did not rationally consider and ensure the safety and stability of the proposed tailings facility, failed to rationally evaluate the environmental impact of the nitrogen discharges, and failed to reasonably analyze alternatives. The appellate court disagreed, concluding MDEQ made a scientifically driven permitting decision that was supported by substantial evidence. It reversed the district court's order, and remanded to the court to reinstate MDEQ's decision to grant the permit.