Smith River Mine Permit Upheld by Montana Supreme Court

Photo: Bitterroot/Flickr

Last year, MidCurrent reported on a proposed mine on a tributary of Montana’s famed Smith River. The decision to issue that permit was challenged in a case before the Montana Supreme Court, which just issued what is likely a final ruling (at the state level) in this case.

According to Amanda Eggert with the Bozeman Daily Chronicle, the Montana Supreme Court has upheld Tintina’s copper mine permit, after a challenge by Trout Unlimited, the Montana Environmental Information Center, Earthworks, and American Rivers. This mine is planned for construction along Sheep Creek, a major tributary of the Smith River.

The challenge mounted by conservation groups centered around the wastewater that will be generated by Tintina’s mine. According to Eggert, the mine will generate 150 million gallons of “remainder water” that “Tintina needs to remove to facilitate its mining operation.”

Tintina’s plan is to treat that water on-site. This treatment will remove nitrogen from the water, which can be harmful to aquatic species. Once the nitrogen is removed, the water will be injected into an “underground filtration structure to gradually return the water to the aquifer.”

The conservation groups claimed that this use of water was “beneficial” to Tintina, and therefore subject to more stringent reviews. Tintina claimed they were merely “relocating” water, and the Montana Supreme Court agreed with them.

There’s more that goes into this case, and Eggert does a wonderful job explaining all the details. I encourage you to read her story here.