Water quality trumps energy production says District Judge Blair Jones, of Montana's Twenty-Second Judicial District. From a press release from the The Northern Plains Resource Council:
A state district court judge handed Montana's farmers and ranchers a major legal victory today in a case that pitted the coal bed methane industry against the state and conservation groups concerned about water quality.
In his Thursday ruling, District Judge Blair Jones, of Montana's Twenty-Second Judicial District, sided with state regulators and conservation groups in upholding numeric water quality standards for electrical conductivity (EC) and sodium adsorption ratio (SAR).
"There was never any doubt in our minds that the state acted properly when it set water quality rules to protect Montana ranching and farming families like mine," said Mark Fix, a Tongue River Rancher and Chair of Northern Plains Resource Council. "We're comforted that the judge found so strongly in our favor."
The state adopted the standards following requests by the Northern Plains Resource Council and the Tongue River Water Users Association to protect agriculture from pollution and crop losses caused by coal bed methane development.
A number of out-of-state energy companies, led by Fidelity Exploration and Production, Marathon Oil Co., Marathon subsidiary Pennaco Energy Inc., Nance Petroleum Corp. and Yates Petroleum Corp, appealed the rules, arguing that the Montana Board of Environmental Review acted improperly in establishing the water quality protections, which they alleged were without a sound scientific basis.
Jones rejected each of the five claims industry lawyers offered in attempting to overturn the numeric water quality standards. He found that the BER acted properly when it determined enforceable numeric standards were needed to regulate methane development and that the state was warranted in taking proactive measures to protect water quality.
"When water quality is at stake, the BER and DEQ are mandated to afford protection," Jones wrote. "There is nothing in the record to suggest that the BER's decision was based on anything but a careful consideration of relevant factors."
Industry lawyers argued there was no evidence of damage to agriculture and that the state should have waited for damage to occur prior to acting.
The BER initiated its rulemaking in 2006 after Northern Plains petitioned the state to institute a non-degradation policy, which protects the existing quality of Montana surface waters that irrigators depend on for their livelihood, and support Montana fisheries and aquatic life.
"We worked really hard on these standards. Since 1999, Northern Plains has advocated for responsible coal bed methane development that was done right. The BER agreed with us on this point in 2003 and 2006. Thankfully, Judge Jones saw fit to uphold the quality of Montana's pristine rivers. This decision helps to protect my family operation for future generations," said Fix.
Judge Jones' decision upholds Montana's water quality standards that have been federally approved by the United States Environmental Protection Agency (EPA).
Jones' ruling also blunted industry's effort to undermine the state's non-degradation standard, which is designed to protect against the incremental decline of water quality over time. The judge wrote that adopting industry's rationale would mean drillers could dump polluted water in rivers and streams right up to the very threshold of a water quality violation.
"We are extremely pleased with today's decision," said Beth Kaeding, Vice-Chair of Northern Plains. "The decision is a victory for Montana's irrigators and aquatic resources. It allows Northern Plains' Coal Bed Methane Task Force the opportunity to continue advocating for maintaining high quality state waters long after the methane industry is gone."
Northern Plains, a conservation and family agriculture group, organizes Montana Citizens to protect water quality, family farms and ranches, and our unique quality of life.
For more information or a copy of the decision, contact Dan Feinberg at 406.248.1154.
