A coalition of conservation groups has filed a legal challenge against the Montana Department of Environmental Quality (DEQ) regarding its approval of an expansion at Signal Peak Energy’s Bull Mountains coal mine. Earthjustice submitted a complaint for declaratory relief to the Montana 13th Judicial District Court on September 27, asserting that the DEQ’s environmental analysis of the permit application was inadequate.
The complaint claims that the DEQ violated the Montana Environmental Policy Act (MEPA) by failing to adequately evaluate the potential impacts of the mine expansion on water resources and cultural sites. Earthjustice represents the Bull Mountains Land Alliance, Northern Plains Resource Council, and the Montana Environmental Information Center in this lawsuit.
In August, the DEQ approved an environmental assessment and permit amendment allowing the Bull Mountains mine operators to access an additional 12.7 million short tons (11.5 million metric tonnes) of recoverable coal. Environmental advocates argue that the DEQ overlooked critical factors such as cumulative and secondary impacts on water quantity, wildlife, unique resources, cultural and historical sites, greenhouse gas emissions, agriculture, and community transitions away from coal mining.
The lawsuit also criticizes the DEQ for not preparing a comprehensive environmental impact statement (EIS), which is required under MEPA when proposed actions are expected to significantly affect the quality of the human environment. The DEQ has declined to comment on the ongoing litigation, and Signal Peak did not immediately respond to requests for comment.
Signal Peak submitted its permit amendment application on November 7, 2023, following a previous setback when the US District Court for the District of Montana vacated a federal agency’s approval of another expansion plan due to flaws in the environmental assessment. The US Office of Surface Mining Reclamation and Enforcement (OSMRE) is currently working on a revised analysis of that earlier plan.
