By Tim Ravndal
For multiple years a mining company has been working to develop the Black Butte Copper mine in Meagher County Montana. The company did extensive testing on the area for multiple years to determine the feasibility of developing the mine.
Multiple public meetings were held to describe the operation to the public. That series of public meetings showcased the local economy in Meagher County. The community of White Sulphur Springs has seen a continual decline in jobs and opportunities. The new mine is expected to employ many workers for multiple years.
From the initial public launching of the mining proposal environmentalist activists came to the front lines protesting the development of the underground copper mine. Claims that the mining would pollute the Smith River miles away from the mining site took center stage. Complaint after complaint was filed with Montana Department of Environmental Quality Bureau (DEQ).
Those complaints delayed for years the operational phase of construction of the mine infrastructure. Eventually the plan provided by the mining company remained a viable plan within the rules of permitting and the green light was finally issued. Construction began with a crew to begin putting in place the necessary infrastructure to open the mine.
The environmental groups filed legal action against the mining company and DEQ in early June of 2020. The legal challenge is founded in the assumption that DEQ failed to properly analyze the potential environmental risks that are associated with mining. The suit is based on their potential fear of the mine polluting the Smith River.
The Montana Environmental Information Center, Earthworks, American Rivers, Trout Unlimited and its Montana chapter filed the lawsuit in state district court. In that action the citizens of White Sulphur Springs immediately requested that the local government officials continue to support the development of the mine.
Meagher County Commissioners anticipating the environmental groups to continue fighting against resource development took preemptive action. In April of 2020, the commission adopted a resolution providing the citizens a commitment to the development of the Black Butte Copper Mine. County Attorney Burt Hurwitz approached the legal counsel for Sandfire Resources to offer assistance in moving the project forward. Affording the citizens of Meagher County a seat at the table, Meagher County adopted the resolution.
Meagher County Resolution Adopted
"A Resolution of the Board of County Commissioners of Meagher County Authorizing the County Attorney to intervene in litigation regarding the Black Butte Copper Project." "Whereas, The Hard Rock Mining impact plan filed and approved by the County provides for the prepayment of taxes to Meagher Couty, the City of White Sulphur Springs and School District #8 for essential services that the Commissioners believe necessary for the health, safety, and success of residents of Meagher County." "Now Therefore , be it resolved that the Meagher County Attorney is directed to move the court to allow the County to intervene in any litigation filed to stop the Black Butte Copper Project, to seek and retain experts if necessary, and to advocate for the responsible development of the Black Butte Copper Project."
The resolution was adopted in April unanimously by the Meagher County Commissioners. That action provided the citizens of Meagher County the assurance that their local government is in full support of the Black Butte Copper Project.
On September 28th 2020, Meagher County Attorney Burt Hurwitz stood before the Broadwater County Commissioners to ask them to join Meagher County to intervene in the court action on behalf of the citizens of Broadwater County. According to Mr. Hurwitz, networking local government authority would strengthen the standing against the environmental lawsuit.
Broadwater County Attorney Cory Swanson agrees to work with the Meagher County Attorney in an effort to ensure that the economic interests of both counties are recognized. It was stated at the meeting that Meagher County Attorney would carry the load and Broadwater County Attorney would support and help when his workload allowed. Mr. Swanson assured the commission that his experience working in the natural resource legal scheme in Montana would be of benefit to the people.
Commissioner Laura Obert who is under fire for actions against the people opined via phone on the matter. Ms. Obert raised concerns and initially opposes the task assigned to Broadwater County Attorney. At the same time on the other side of the coin, Commissioner Obert without names promoted the engagement on the matter for the economic development corporations working for the county. Commissioner Obert is directly connected with Montana Business Assistance Connection as her husband Brian Obert is the executive director of that organization.
The commissioners agreed to have a resolution drafted for Broadwater County to consider at their next meeting for consideration. That resolution will provide the open door for Broadwater County to intervene in the case.