Protect the Clearwater finds common ground statewide

Protect the Clearwater, a nonprofit based in Greenough, joined other citizen groups in the Jocko Valley, Libby, Paradise Valley, Ennis and Gallatin Gateway to oppose the effects of new open cut mining laws established in 2021.

The changes brought about by a 2021 mining law, House Bill 599, removed red tape and streamlined the gravel mine permitting process for applicants.

Gayla Nicholson, spokesperson for Protect the Clearwater (PTC), gave an update on the nonprofit's work to stop gravel mining at the Elbow Lake gravel pit Feb. 12 at the Seeley Lake Community Council Meeting.

"What we are interested in is citizens' voices, the consideration of groundwater at the site and the recognition of the work the state has made in the maintenance of wildlife and habitat," Nicholson said while addressing the council meeting via Zoom. "We are not against gravel mining."

According to Protect the Clearwater, the new mining law removed many of the protections put in place in Montana's Environmental Policy Act. Issues like water quality, noise and dust for Elbow Lake residents and wildlife considerations are at the top of the group's concerns.

"Because of those points we thought we needed legal counsel to learn what the options were to protect the area," Nicholson said.

The legal team of Ferguson & Coppes in Missoula and David K.W. Wilson and Rob Ferris-Olson in Helena along with Dave Donohue, hydrogeologist in Helena, recommended an appeal to the Board of Environmental Review. The appeal was filed in May 2023 and PTC is awaiting their decision.

As previously reported in the Pathfinder, between March and September 2023 Protect the Clearwater, Montana's Department of Natural Resources and Conservation, the Department of Environmental Quality and LHC Construction, the mining company, were in an continually escalating series of legal encounters. Work began on the proposed gravel pit June 28. Land was peeled up, old growth trees taken down and dust was flying, coating furniture, lake water and residents' lungs at Elbow Lake.

District Judge Larson in the 4th Judicial District Court granted a preliminary injunction stopping all operations of the Elbow Lake Gravel Pit on July 17, citing inadequate groundwater testing, uncertain data, improper permitting and Montanans' fundamental constitutional right to a clean and healthful environment among other points.

Elbow Lake residents expressed concern for adequate groundwater testing, impacts to wildlife using the Wildlife Management Area that borders the gravel pit, as well as impacts to their use of their cabins.

Elbow Lake resident Jon Watson said that the property value of his cabin-turned-dream-home would be lowered by having the gravel mining within a half mile of his house. By appealing to the Missoula tax assessor during the appeal period after receiving his tax bill, his land value was decreased by 14% in 2023.

PTC has found the legal issues to be very complex and expensive, Nicholson said. Because of HB 599, there is no precedent for these issues.

DEQ and LHC Construction appealed the injunction to the Montana Supreme Court Sept. 20, 2023.

As of September 2023 the case is awaiting a hearing in the Montana Supreme Court as well as before the Board of Environmental Review.

Nicholson said that PTC is very grateful for the support from the community up and down the Swan Valley. Last year the group raised $70,000 from concerned citizens and this year they hope to raise an additional $82,000 to pay the legal fees.

"We hope to bring this issue to light as it's a threat across the state of Montana," Nicholson said. "Citizens have very little recourse to protect their property rights, their quiet enjoyment of their property, noise and light pollution and effects of emissions from gravel and asphalt plants."

Protect the Clearwater will be hosting Community Days at The Barn in Seeley Lake April 27 and June 8 from 10-2 p.m.

Court documents and information are available on the website http://www.protecttheclearwatermt.org