Montana’s last legislative session saddled us with a pair of dangerous bills threatening anyone living near or downstream from a coal mine: HB 576 and SB 392. HB 576 blatantly weakens coal companies’ obligations to prevent damage to land and water while SB 392 undermines a citizen’s ability to seek justice if damage occurs. Both of these bills “died” at various points within the legislative process after legislators heard the concerns of Northern Plains members who live and ranch in coal country. However, once regular citizens left town, coal lobbyists found a way to resurrect both bills with last minute procedural maneuvers, and now we’re stuck cleaning up this legislative mess. The good news is that we have a clear path to kill this zombie legislation.
Before they can become law, the bills must be approved by the federal Office of Surface Mining Reclamation and Enforcement (OSMRE). Given their obvious lack of compliance with federal law, this is our chance to rid Montana of these dangerous bills once and for all, but we need your help. Join us in Billings on Wednesday, November 1 to stand up for our land and water – and our friends and neighbors who live, work, and ranch in coal country!
OSMRE Coal Bill Hearing
Wed., Nov. 1 from 1-3 pm
DoubleTree Hotel
27 North 27th St.
Billings, MT 59101
NOTE: Anyone planning to testify will need to register at the DoubleTree between 12:30 and 1 PM.
It is important that we pack the room to show OSMRE that Montanans find these bills unacceptable!
Further background on these bills:
HB 576, sponsored by Rep. Rhonda Knudsen (R-Culbertson), would allow coal corporations to deplete and contaminate water sources adjacent to coal mining with minimal liability. The bill alters how damage to land and water is defined – making Montana law much more ambiguous – giving state agencies and coal companies tremendous leeway in deciding what damage looks like. This legal murkiness would all but force landowners and ranchers to seek clarity from the court when water or land is damaged. This bill also removes requirements for baseline water conditions to be assessed and determined in advance of permit approval, which clearly does not comply with federal law.
SB 392, sponsored by Sen. Steve Fitzpatrick (R-Great Falls), would require litigants seeking justice for damage to land or water done by coal companies to pay the legal fees of a coal corporation if a judge rules in the company’s favor. Additionally, plaintiffs would also be on the hook for the legal fees of state agencies like DEQ in such a scenario. Going to court over land and water disputes with coal corporations is already an intimidating and costly endeavor. However, circumstances arise where seeking justice through litigation is the only option available to protect one’s land and livelihood. SB 392 radically diminishes that right to seek justice by inserting enormous financial intimidation and risk. Federal law explicitly protects communities from paying coal company legal fees unless plaintiffs act in bad faith, and a similar bill in Alaska has already been overturned by OSMRE.
Together, these bills would be catastrophic for communities that live near coal mines, so we need to stand up and take action to protect our friends and neighbors!
