Montana Environmental Information Center v. Western Energy Co.Annotate this Case
The Supreme Court reversed the decision of the district court ruling that the Department of Environmental Quality (DEQ) had illegally renewed a permit allowing Western Energy Company to discharge rain and snow water into surrounding ditches and creeks from its Rosebud Coal Mine in Colstrip, Montana, holding that further fact-finding was required.
In 2012, DEQ renewed a permit, which was modified in 2014, for Western Energy to discharge pollutants contained in waters that were created by ongoing precipitation-driven events. Plaintiffs brought this action alleging that the DEQ's permit renewal violated the Montana Water Quality Act and federal Clean Water Act. The district court granted summary judgment for the defendants. The Supreme Court reversed, holding (1) the Montana Board of Environmental Review was not required to make a new stream classification for the Yellowstone River drainage; (2) DEQ can lawfully allow the mine to monitor a sample of the discharges that are representative of the precipitation water being released, but the district court must determine whether those releases are actually representative of the mining and discharge activities that are taking place at the mine; and (3) remand was required to determine whether a "pollutant-impaired stream" should be monitored with a higher environmental standard than the current permit requires.