Today Bull Mountain Land Alliance and Northern Plains Resource Council, represented by the Western Environmental Law Center, challenged the Montana Department of Environmental Quality (DEQ) over the agency’s practice of approving coal mine permit changes behind closed doors, with no public notice and no opportunity for Montanans to weigh in.
The complaint targets DEQ regulations and practices under the Montana Strip and Underground Mine Reclamation Act that allow the agency to treat significant changes to coal mine operations and reclamation plans as “minor revisions,” cutting the public out of decisions that affect water, land, and communities. The lawsuit argues that DEQ’s “minor revision” regime violates Montanans’ constitutional right to know what their government is doing and to participate before final decisions are made, as well as state public participation statutes designed to implement those rights.
“Our constitutional delegates wrote the rights to know and participate into our Constitution so that decisions by our government aren’t made behind closed doors,” said Barbara Chillcott, senior attorney at the Western Environmental Law Center. “When DEQ quietly approves hundreds of so-called ‘minor’ coal mine permit revisions with no notice and no chance for the public to be heard, it betrays that promise of open government and shuts the public out of decisions that directly affect them.”
“The regulatory definition of ‘minor revision’ is vague and ambiguous,” said BMLA member and Bull Mountains resident Pat Thiele. “This has opened a loophole that DEQ is exploiting to approve revisions to the mine permit in secret. By delegating to itself unfettered discretion to process permit revisions behind closed doors, DEQ violates our fundamental constitutional rights to know and participate in the operations of our government. This practice not only threatens our livelihoods here in the Bull Mountains, but erodes the rights of Montanans across our state.”
Under DEQ’s current rules, only permit changes the agency labels as “major revisions” trigger public notice, access to documents, and an opportunity to comment. The lawsuit alleges DEQ has given itself virtually unchecked discretion to decide what counts as “major” versus “minor,” with no clear standards and no way for the public to see or challenge that classification in real time. As a result, the agency has quietly approved many coal mine permit revisions—affecting water protection plans, reclamation obligations, and other core safeguards—without posting documents, accepting public input, or notifying affected communities.
Dozens of these revisions have been to spring and livestock well mitigation plans approved as part of Signal Peak Energy’s permit for the Bull Mountains Mine in Musselshell County that are in place to protect water resources relied on by Northern Plains’ and BMLA’s members. The groups have raised concerns with DEQ over its practice of authorizing changes to the permit outside of the public purview and have asked for opportunities to meaningfully participate. DEQ has ignored those concerns. The process takes place completely behind closed doors despite DEQ being well aware that Northern Plains and BMLA have a significant interest in decisions affecting mine operation and reclamation.
Montana’s Constitution uniquely guarantees both a “right to participate” in government decisions and a “right to know” about government records and deliberations, and those rights are self-executing limits on how agencies conduct the public’s business. They were adopted in 1972 in direct response to a history of corporate dominance and back-room decision-making, to ensure ordinary Montanans have a meaningful seat at the table when government decisions affect their lives, property, and environment.
Montana law requires state agencies to adopt procedures that give the public a meaningful chance to submit information, data, and views before agencies make final decisions on matters of significant public interest. That includes access to the materials an agency is relying on so people can participate in an informed way. The groups argue DEQ’s “minor revision” practice flouts those requirements by treating far-reaching mine changes as routine paperwork handled entirely out of public view.
”Why should Montanans be left in the dark when our government is making decisions that affect our lives?” asks Steve Charter, longtime Bull Mountains rancher and chairman of Bull Mountain Land Alliance. “Our right to have a say in these decisions is foundational to having an accountable and transparent government. This lawsuit seeks to ensure that the constitutional rights of all Montanans are honored and upheld.”
The lawsuit asks the court to declare DEQ’s coal-specific “major” and “minor” revision rules and their application unlawful to the extent they deny Montanans reasonable notice, access to records, and a chance to participate on permit revisions of significant public interest. It also seeks an order requiring DEQ to bring its coal mine permitting processes into compliance with Article II, Sections 8 and 9 of the Montana Constitution and the state’s public participation laws, including by providing timely public notice and participation opportunities before approving coal mine permit revisions statewide.
Contacts:
Barbara Chillcott, Western Environmental Law Center, 406-430-3023, chillcott@westernlaw.org
Adam Herrera, Northern Plains Resource Council, adam@northernplains.org
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