Image courtesy of Montana Trout Unlimited
Anglers are stunned and saddened to learn of the Montana Supreme Court ruling in favor of the Black Butte Mine in the Smith River. On February 26, 2024, the Court overturned Montana Trout Unlimited’s (MTU) lower court victory against the Black Butte Mine and Montana DEQ. Thus, the Australian-owned, Tintina Company will be reissued its permit to build an industrial copper mine along the most important trout tributary to the Smith River.
“This marks another sad example of Montana’s lenient mining and permitting laws allowing for the development of a large-scale, high-risk mine to be built without proper regard for the other values of a place, including its water quality, quantity, fishery, wildlife, recreational opportunities and cultural heritage.” David Brooks, Executive Director
MTU joined National Trout Unlimited, MEIC, Earthworks, and American Rivers with legal representation by Earthjustice, to defend the Meagher County District Court decision that the MT Department of Environmental Quality (DEQ) did not properly or sufficiently evaluate the risks this mine poses to water quality, quantity and the Smith fishery under Montana mine permitting laws. The MT Supreme Court heard this case on June 21, 2023, and has now issued this decision.
While MTU cannot appeal the MT Supreme Court decision, they will continue to pursue their coalition’s water rights claims against the mining company, now in front of the MT Supreme Court, to be heard on March 29, 2024.
MTU and partners are also committed to establishing a mineral withdrawal on public lands in the Smith watershed that will provide protection for the river for decades to come. A victory on the water rights claims would disallow this mine to be built. A successful mineral withdrawal will ensure that this or any other mine could not expand beyond private land.
MTU is asking folks to take action to protect the Smith from additional mining by asking the U.S. Forest Service to remove public land in the Smith from future mining development.