Published: June 5, 2020 |

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Conservation groups have filed a lawsuit against the state of Montana challenging a permit that was granted for the development of a controversial copper mine north of White Sulphur Springs last month.

The Montana Department of Environmental Quality approved plans in April for the Black Butte Copper Project on Sheep Creek, a tributary of the Smith River. Environmental groups have been pushing back against the development for years, saying it would endanger water quality and aquatic life in the famous fishery.

The suit filed Thursday by nonprofit law firm Earthjustice argues that DEQ failed to do its due diligence before endorsing the project, saying the state agency did not conduct thorough environmental analysis at the site, among other complaints.

Trout Unlimited, Montana Trout Unlimited, Montana Environmental Information Center, Earthworks and American Rivers are named as plaintiffs in the suit against DEQ.

In a news release, Earthjustice attorney Ben Scrimshaw said the groups who filed the suit have many concerns about the project and “its potential to permanently damage Montana’s crown jewel river.”

“One of our major concerns is Tintina Montana’s use of a wholly untested technique for disposing of toxic mine waste that could result in widespread contamination of Smith River tributaries,” Scrimshaw said. “We believe Montana DEQ erred in issuing this permit and this is only our first salvo in our defense of Montana’s irreplaceable Smith River.”

Rebecca Harbage, a spokesperson for DEQ, declined to comment on the litigation.

When DEQ granted Tintina Montana Inc. the necessary operating permits for the project, they were touted as the “most stringent ever issued” for a hardrock mine, the Associated Press reported. The underground mine is expected to be operational for about 13 years and create 240 jobs.

Tintina, a subsidiary of the Australian company Sandfire Resources, first applied for a mining permit five years ago.

In issuing the necessary permits, DEQ is requiring Tintina to augment and supplement water flows affected by the operation, monitor water quality, take steps to prevent nitrogen levels from rising and to store waste in in a double-lined, cemented tailings facility, among other stipulations meant to safeguard the river.

Nancy Schlepp, spokesperson for Sandfire Resources America, said in an emailed statement that the company is disappointed but not surprised the lawsuit was filed. She said DEQ was “extremely thorough” in evaluating the permit application and adopting changes to “strengthen” it over the last four years.

“The Montana DEQ found that all environmental issues have been addressed and that this permit can be granted knowing that the environment which we all value and care for is protected,” Schlepp said.

The mine, on private land, is projected to produce 15.3 million tons of copper-laden rock and waste over 15 years.

The conservation groups argue in the lawsuit that the mine will also produce an estimated 12.9 million tons of mining waste and nearly one million tons of waste rock while polluting waters within the Smith River watershed with metals and acid-generating minerals that would harm or kill aquatic life.

The lawsuit notes that the state received 12,000 comments from the public about the project — including some from independent experts — with the vast majority being critical of the mine proposal.

Source: Bozeman Daily Chronicle

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