Post by Admin on Oct 2, 2020 9:40:33 GMT -7
Montana Supreme Court hears oral arguments on Lucky Minerals case
The Bozeman Chronicle reports:
"The fight over gold mining in the mountains east of the Paradise Valley hit the Montana Supreme Court on Wednesday, with attorneys tangling over whether a 2011 amendment to state environmental laws is unconstitutional.
Justices heard arguments over whether a Park County judge was right to invalidate Montana’s approval of an exploratory drilling permit for Lucky Minerals, Inc., after finding the permit was unlawfully approved. An amendment to the Montana Environmental Policy Act bars district judges from temporarily blocking projects approved by state agencies even if they find the approval was illegal.
Jenny Harbine, the Earthjustice attorney representing the Greater Yellowstone Coalition and the Park County Environmental Council, said the amendment makes any public participation following such a ruling “a hollow paperwork exercise.”
Rob Cameron, deputy attorney general representing the state, said the plaintiffs could have avoided a constitutional challenge if they had pursued other available remedies.
He said they could have filed for an injunction under different statutes, including the Metal Mine Reclamation Act and Water Quality Act. He also said 3,000 comments had already been submitted on the project, and more would be gathered in the future."
Read the full story here.
"The fight over gold mining in the mountains east of the Paradise Valley hit the Montana Supreme Court on Wednesday, with attorneys tangling over whether a 2011 amendment to state environmental laws is unconstitutional.
Justices heard arguments over whether a Park County judge was right to invalidate Montana’s approval of an exploratory drilling permit for Lucky Minerals, Inc., after finding the permit was unlawfully approved. An amendment to the Montana Environmental Policy Act bars district judges from temporarily blocking projects approved by state agencies even if they find the approval was illegal.
Jenny Harbine, the Earthjustice attorney representing the Greater Yellowstone Coalition and the Park County Environmental Council, said the amendment makes any public participation following such a ruling “a hollow paperwork exercise.”
Rob Cameron, deputy attorney general representing the state, said the plaintiffs could have avoided a constitutional challenge if they had pursued other available remedies.
He said they could have filed for an injunction under different statutes, including the Metal Mine Reclamation Act and Water Quality Act. He also said 3,000 comments had already been submitted on the project, and more would be gathered in the future."
Read the full story here.