Montana Conservation Groups Sue State Over Mining Permit Changes

Lawsuit Challenges State Practices

HELENA, Mont. — Two conservation groups have filed a lawsuit accusing the Montana Department of Environmental Quality of approving widespread changes to mining permits without public notice and in violation of the state constitution’s guarantees of transparency and environmental protection.

The Bull Mountain Land Alliance and the Northern Plains Resource Council filed the complaint Tuesday in Lewis and Clark County District Court. They argue that the department uses vague or undefined rules to approve hundreds of permit revisions for coal mining operations, including the Bull Mountain Mine operated by Signal Peak Energy. Many of those decisions, they say, occur without any opportunity for residents to review or comment.

The Montana Constitution promises residents the right to know about government actions and the right to participate in decision-making. It also requires the state to maintain a “clean and healthful environment” for current and future generations. The groups argue that the department’s permitting practices fall short on all three counts.

Major vs. Minor Revisions at Issue

At the center of the dispute is how the DEQ classifies changes to mining permits. Major revisions require public notice, publication in a local newspaper, and a 30-day comment period. Minor revisions do not.

The lawsuit argues that the department labels most changes as minor, even when they affect water resources, mitigation plans, or monitoring programs important to nearby ranchers and landowners. The groups say these designations allow the DEQ to make decisions that impact springs, livestock wells, and groundwater without notifying those affected.

In the past decade alone, the groups say they have tracked roughly 100 such minor revisions for the Bull Mountain Mine. While the DEQ prepares environmental assessments for these revisions, they are not posted publicly and do not include a mechanism for public input.

The lawsuit states that the regulations allowing permit revisions with no notice or opportunity to be heard infringe on public participation rights and deprive residents of meaningful access to information.

Even some supporters of coal mining have raised concerns. In 2023, Rep. Gary W. Parry of Colstrip said the definition of a minor revision was “essentially, anything that isn’t a major revision,” warning that the ambiguity created uncertainty and opened the door to litigation.

Claims of a Regulatory Loophole

The groups say the DEQ has no guidance documents or written criteria explaining how it determines whether a revision is major or minor. They argue that this lack of clarity has created a loophole that allows the department to approve permit changes “behind closed doors.”

They also say they have repeatedly raised concerns with the agency but received little response.

Bull Mountains resident and landowner Pat Thiele said the practice “threatens our livelihoods here in the Bull Mountains” and weakens transparency for residents across the state.

What the Plaintiffs Seek

The conservation groups are represented by attorneys with the Western Environmental Law Center in Helena. They are asking Judge Mike McMahon to declare the DEQ’s approach unconstitutional and require the department to provide public notice and meaningful opportunities for public participation for all permit revisions. They also seek attorney fees if they prevail.

The lawsuit argues that because constitutional rights are at stake, the court must apply strict scrutiny — the highest level of judicial review — requiring the DEQ to show that its process serves a compelling public purpose and is carried out in the least restrictive way possible.