Montana Supreme Court holds appeal hearing on an unlawful gold exploration permit
On September 30, 2020, the Montana Supreme Court heard oral arguments in our case challenging the validity of a gold exploration permit just north of Yellowstone National Park. The permit holders, Lucky Minerals Inc., and agency responsible, the Montana Department of Environmental Quality (DEQ), appealed our 2018 victory in a Montana District Court that vacated the DEQ permit for not fully considering the environmental impacts to wildlife habitat, water quality, and public lands. Read here for more background.
The Yellowstone River in front of Emigrant Peak in Montana, near the proposed gold mine site. (Photo Bill Campbell.)
The Greater Yellowstone Coalition and Park County Environmental Council, represented by Earthjustice attorney Jenny Harbine, argued in favor of upholding the decision of the lower court, requiring the DEQ to complete a full analysis before continuing with gold exploration. We also challenged the constitutionality of the state legislature’s 2011 amendments to the Montana Environmental Policy Act (MEPA) that disallowed the DEQ from stopping work on the project despite the unlawful permit.
The area in Emigrant Gulch, a critical tributary to our beloved Yellowstone River, is no place for a gold mine. Adjacent to the Absaroka-Beartooth Wilderness, it is a key component of the region’s recreation and tourism economy, and its rugged landscape is a necessary refuge for clean water, grizzly bears, lynx, and wolverines. This is a grand slam of resources at risk which have proven to be far more valuable for what they are today than for any level of mineral development.
This court case is another step in our never-ending efforts to eliminate the threat of destructive gold mining from the doorsteps of Yellowstone National Park for good. The recently enacted Yellowstone Gateway Protection Act protects over 30,000 acres of public land from mining, but certain private lands are still at risk of development. The Greater Yellowstone Coalition continues the work every day to safeguard the Yellowstone region from new mines.
While we wait on a Supreme Court ruling in 6-9 months, we want to celebrate Earthjustice, our partners Park County Environmental Council, and businesses throughout the area for working so hard to protect our quality of life and the integrity of a Greater Yellowstone.
- Joe Josephson, Senior Montana Conservation Associate