Published: April 14, 2022 |

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The Montana Department of Environmental Quality will appeal a recent decision that found the agency inadequately analyzed the potential environmental impacts of a proposed copper mine near a tributary of the Smith River.

State District Court Judge Katherine Bidegaray ruled late last week that DEQ erred in its issuance of a mine operating permit for the Black Butte Copper Project near White Sulphur Springs. The judge found the agency’s determination that storage of tailings, and specifically a plan to use cement to stabilize and store tailings, reached unsupported or questionable conclusions.

On Tuesday, DEQ told the Montana State News Bureau that it would appeal Bidegaray’s decision to the Montana Supreme Court.

“We care about protecting water quality, the iconic Smith River and upholding the laws of Montana — that’s why our team of experts thoroughly analyzed the permit application and required stringent measures to protect Montana. Before, and after, becoming director I have been involved in this mine permitting process and know it is one of the most protective permits DEQ has ever issued. DEQ plans to appeal Judge Bidegaray’s decision on this sound and defensible permit,” DEQ Director Chris Dorrington said.

The Montana Environmental Information Center, Montana Trout Unlimited, Earthworks, and American Rivers together filed the lawsuit last year against DEQ and mine owners Tintina Montana Inc. The commissioners of Meagher and Broadwater counties intervened in support of the mine.

On Tuesday, Derf Johnson with MEIC applauded the court’s decision.

“Our position is that the judge was right on the law. She did her homework and it’s disappointing DEQ will appeal this decision rather than deny the permit. If DEQ appeals we will defend the decision vigorously in the Montana Supreme Court,” Johnson said.

Tintina first applied for an operating permit in 2015 and DEQ issued the permit in 2020. The plan calls for a 13-year production period, producing 14.5 million tons of copper ore over the mine life.

In 2020 the company began its first phase of surface construction but had not yet begun mining phases.

The mine has seen support for its economic potential with hundreds of jobs slated to come to White Sulphur Springs during construction, mining, and reclamation.

But conservation groups have long opposed the mine due to its proximity to Sheep Creek, a tributary of the Smith River. The Smith, known for its limestone canyons, is the state’s only river requiring a permit to float with thousands of applications each year.

The copper deposit resides in a sulfide ore body. That means mitigation measures are required to store tailings and prevent pollution to the creek. Tintina sought and received approval for a 72-acre tailings facility that would store tailings in a cement mixture that, once hardened, would prevent material from destabilizing and causing pollution. Additional tailings would be stored below ground.

Bidegaray found DEQ’s conclusions unpersuasive on several fronts and ruled the agency failed to fully analyze the long-term stability of the tailings facility as a result. She specifically took issue with conclusions that tailings would quickly harden into a solid mass; that tailings would be insulated from oxygen and water that could result in degrading acidification; and that tailings would not be susceptible to liquefaction due to an earthquake or mine blasting.

“DEQ’s inadequate or irrational analysis with respect to any one of these assurances alone is enough to render DEQ’s decision to permit the Black Butte Copper Mine arbitrary, capricious and unlawful. Yet DEQ failed to support all three assurances with adequate testing and analysis,” Judge Bidegaray wrote (emphasis in the original).

DEQ in issuing the permit determined the use of cement would provide additional pollution protection and that the facility designs alone were sufficient to meet state environmental requirements. The state found that the mine proposal is not predicted to harm the Smith River and that the company had met the necessary steps to mine under Montana law.

“The Smith is safe. This mine plan is solid as a rock. It will not move, it will not leak, it will not fail. It is the safest and most stable mine plan ever proposed in the state of Montana, and probably in the world,” Sarah Clerget, an attorney for DEQ, said during oral arguments in Meagher County last year, the Bozeman Daily Chronicle reported.

The judge, however, found environmental analysis relied on a higher concentration of cement than might typically be used and that plans to add layered tailings before lower layers fully set were not appropriately analyzed under Montana law.

DEQ’s own consultants had recommended a different treatment process, whereby miners would remove the acidic pyrite waste to a separate underground storage and lower the risk of pollution getting in the creek and river. The agency also dropped suggestions to use a stronger cementing process for the above-ground tailings, the Missoulian reported Monday.

Source: Montana State News Bureau

About Sandfire Resources
Sandfire Resources America Inc is a Canadian based resource company. It is focused on the exploration, development, and mining of its 100% owned flagship property, the Black Butte Copper project in central Montana, USA. The company reportable segment being the acquisition, exploration, and development of resource properties. Geographically, it has a presence in Canada and the United States.

To stop by Sandfire’s website, CLICK HERE

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