MONTANA TROUT UNLIMITED, MONTANA ENVIRONMENTAL INFORMATION CENTER, TROUT UNLIMITED, EARTHWORKS, and AMERICAN RIVERS, Plaintiffs and Appellees, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY and TINTINA MONTANA INC., Defendants and Appellants, and STATE OF MONTANA, by and through THE OFFICE OF THE ATTORNEY GENERAL, and MEAGHER COUNTY AND BROADWATER COUNTY, Defendants-Intervenors and Appellants

MONTANA TROUT UNLIMITED, MONTANA ENVIRONMENTAL INFORMATION CENTER, TROUT UNLIMITED, EARTHWORKS, and AMERICAN RIVERS, Plaintiffs and Appellees, v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY and TINTINA MONTANA INC., Defendants and Appellants, and STATE OF MONTANA, by and through THE OFFICE OF THE ATTORNEY GENERAL, and MEAGHER COUNTY AND BROADWATER COUNTY, Defendants-Intervenors and Appellants. Oral Argument is set for Wednesday, June 21, 2023, at 9:30 a.m. in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana. Audio File: https://courts.mt.gov/external/oralargument/audio/22-0406.mp3 Montana Trout Unlimited, Montana Environmental Information Center, Trout Unlimited, Earthworks, and American Rivers (Conservation Groups) challenged a permit the Montana Department of Environmental Quality (DEQ) issued to Tintina Montana Inc., which proposes to construct and operate the Black Butte Copper Mine along Sheep Creek, a tributary of the Smith River. The Conservation Groups alleged that DEQ violated numerous requirements of the Montana Metal Mine Reclamation Act, the Montana Environmental Policy Act (MEPA), and the Montana Code Annotated in issuing the permits. The Meagher County District Court agreed with the Conservation Groups, ruling that DEQ’s decision to permit the mine was unlawful. The court concluded that Tintina failed to meet the necessary standards for its proposed tailing storage facilities, DEQ failed to fulfill the MEPA’s environmental review requirements and failed to consider alternate proposals that could have alleviated some of the concerns raised, and by issuing the permit without complying with the applicable statutes and regulations, DEQ failed to protect Montanans’ constitutional right to a clean and healthful environment. DEQ and Tintina have appealed to the Montana Supreme Court. Meagher County and Broadwater County have intervened and also appeal the District Court’s decision.

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