\n<\/p>\n
\n 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 citizen driven challenge. <\/p>\n
More specifically, GCA alleges that House Bill 599 (HB 599) essentially eliminated DEQ\u2019s 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, says GCA, has been to turn the Opencut Mining Act\u2019s (\u201cOMA\u201d) permitting process into a meaningless form-filling exercise.<\/p>\n Montanans have a fundamental right to a clean and healthful environment as guaranteed by Article II, Section 3 of the Montana Constitution. As a result, GCA alleges that HB 599 thereby violates the Legislature\u2019s 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\u2019s right of participation under Article II, Section VIII of the Montana Constitution.<\/p>\n GCA argues that 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; and that HB 599 created arbitrary loopholes with which to avoid permitting altogether, removed essentially all substantive environmental considerations from DEQ\u2019s 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.<\/p>\n Tracie Gibbons for GCA stated: \u201cWhile we certainly did not ask for this fight or want it forced upon us, we are proud to challenge our government and hold them accountable to our Constitution, which demands that our natural life support system be protected for present and future generations.\u201d<\/p>\n Counsel for GCA and other groups around the state, Graham Coppes, said: \u201cWhile we expected the mining companies to fight us, we did not expect our biggest opponent to be the State of Montana.\u00a0What we have learned through this process is that the state \u2013 by and through the Department of Environmental Quality – is pouring endless hours, dollars, and resources into fighting against citizens, communities, clean water and air, all to increase the bottom line of a few private companies.\u00a0The 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.\u201d<\/p>\n ###<\/p>\n About Gateway Conservation Alliance<\/p>\n Gateway Conservation Alliance is a 100% volunteer-led 501(c)(3) nonprofit based in Gallatin Gateway, Montana. To learn more and donate to GCA please visit\u00a0https:\/\/gcamt.org<\/a><\/p>\n Contacts:<\/strong><\/p>\n Tracie Gibbons, GCA President Graham J. Coppes <\/p>\n Source: Gateway Conservation Alliance<\/p>\n<\/p><\/div>\n
\n GALLATIN GATEWAY, Mont., August 7, 2024 (Newswire.com)
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\n <\/strong>In a matter of statewide significance, Gateway Conservation Alliance (\u201cGCA\u201d) is challenging the issuance of TMC, Inc.\u2019s Opencut Mining Permit #3462 for a new gravel pit located in Gallatin County, Montana (the \u201cBlack Pit\u201d) and is contesting parts of Montana\u2019s Opencut Mining Law as facially unconstitutional.<\/p>\n
press@gatewayconservationalliance.org<\/a><\/p>\n
Ferguson & Coppes, PLLC
A Natural Resource Law Firm
PO Box 8359
Missoula, MT 59802
Phone: (406) 532-2664
graham@montanawaterlaw.com<\/a><\/p>\n