Montana

Montana Supreme Court overturns district court, restores permit for mine near Smith River – Daily Montanan

Published

2 years ago

February 27, 2024

Montana Supreme Court overturns district court, restores permit for mine near Smith River – Daily Montanan

The Montana Supreme Court on Monday overturned a district court decision that blocked a proposed 1,888-acre mine near Sheep Creek, which feeds into the Smith River watershed.

In a split 5-to-2 decision, Justice Beth Baker wrote for the majority of the court that the Montana Department of Environmental Quality relied on expert resources when considering the mine and remediation, and that it was not court’s role to substitute its judgment for that of the agency experts who concluded the project was safe.

Justices Ingrid Gustafson and Laurie McKinnon disagreed with the majority in their dissenting opinion.

The case focuses on familiar issues in Montana: A copper mine with the potential for devastating pollution near a beloved part of a Treasure State natural attraction, the Smith River.

At issues was whether Sandfire Resources, known as “Tintina,” are proposing the correct safety measures to ensure that the ore that’s processed is not exposed to air and water, causing oxidation which leads to toxic acid mine drainage.

The district court originally cancelled the permit issued by the Montana DEQ, saying it had failed to take proper precautions to safeguard the environment from harmful degradation. Even after the Montana Supreme Court overturned the decision, the mine is not guaranteed. Groups have also challenged the water permit issued to the mine for operations, which was filed in a different case, but could ultimately halt the project. That case is also pending before the Montana Supreme Court.

Mining waste into mining paste

Tintina proposes to handle the mining tailings, which could oxidize and transform into acid rock drainage, by mixing it into a “ultra thick” paste with cement which would be applied in thin layers, allowing it to dry.

The paste would then dry, leading to a thick concrete-like substance that would be hard to permeate, therefore unlikely to leak acidic mine drainage or oxidize because it would not be exposed to air or water. A layer of high-density plastic would also line the material, and it would be surrounded by clay and other materials that are resistant to water penetration.

The Montana Supreme Court found that the Meagher County Judge Katherine Bidegaray had incorrectly substituted her judgment, instead of deciding whether the Montana DEQ had taken sufficient steps to arrive at a sound judgment.

“Courts should not substitute their own judgment for that of the agency by asking whether the agency’s decision was the ‘correct’ one scientifically, morally or politically,” the opinion said. “Courts instead interpret the law and determine if the agency made its decision with sufficient information or if ‘the decision was so at odds with the information gathered that it could be characterized as arbitrary or the product of caprice.’”

The high court noted that the record showed that the binding materials and the approach met standards that are even higher than those set by the United Nations in an effort to eradicate mine failures.

“The binder selection and amount are site-specific,” the court said. “And that surface cemented paste tailings posed an extremely low-to-no-risk of catastrophic failure.”

While Bidegaray’s original opinion seemed to dwell on the specifics of the binder cement of the tailings and if earthquakes or water seepage posed a threat to nearby water supplies, the Supreme Court said that neither the environmental groups challenging the ruling nor the court quibbled with two other methods that would be used to help insulate against an environmental catastrophe. Those precautions include a high-density plastic liner.

“Given the … evidence, we disagree with the district court’s characterization of DEQ’s review of the issue of oxidation as random and unreasonable,” the Supreme Court said in its decision. “Again, DEQ balanced various concerns — ensuring that tailings would have time to set into a non-flowable mass and covering tailings in a timely matter to prevent exposure and oxidation.”

“The agency’s decision was ‘scientifically driven,’ informed by ‘substantial agency expertise,’ and is entitled to considerable deference.”

The groups which had originally challenged DEQ’s permit were Montana Trout Unlimited, Montana Environmental Information Center, Trout Unlimited, Earthworks and American Rivers.

“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, fisher, wildlife, recreational opportunities and cultural heritage,” said David Brooks, executive director of Montana Trout Unlimited. “Fortunately, our fight to protect the Smith is not over.”

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March 5 recap: Missoula and Western Montana news you may have missed today

Published

4 hours ago

March 6, 2026

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March 5 recap: Missoula and Western Montana news you may have missed today

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Montana GOP won’t endorse in federal races this cycle • Daily Montanan

Published

16 hours ago

March 5, 2026

Press Room

Montana GOP won’t endorse in federal races this cycle • Daily Montanan

Although newly minted GOP candidates for the U.S. House and U.S. Senate have garnered heavyweight endorsements, the Montana Republican Party said Thursday it won’t throw its support behind any candidates for federal office in the primary.

“The Montana Republican Party (MTGOP) stands behind its deep bench of qualified candidates seeking to represent Montanans and supports a competitive primary process to let voters pick their preferred candidates,” the Montana GOP said in a news release Thursday.

Monday, U.S. Rep. Ryan Zinke announced he was retiring due to health concerns once his term ends, and he immediately tapped talk-show host Aaron Flint as his preferred successor in Congress.

Secretary of State Christi Jacobsen and Flathead County Republican Central Committee Chairperson Al Olszewski also filed for the U.S. House as Republicans, as did Ray Curtis of Bonner.

Wednesday, U.S. Sen. Steve Daines withdrew, and in a statement the same night, announced an endorsement of former U.S. Attorney Kurt Alme, who had filed the same day.

In the Senate, Lee Calhoun and Charles Walking Child also filed to run in the Republican primary.

Endorsements for Flint and Alme cascaded. U.S. President Donald Trump endorsed both candidates, and U.S. Sen. Tim Sheehy and Gov. Greg Gianforte threw their weight behind Flint and Alme.

Late on Wednesday, the Montana GOP did not immediately have comment on the news Daines, Montana’s senior U.S. senator, had resigned, but Thursday, the party thanked Zinke and Daines for their service.

A news release said the party would not endorse any candidates in the federal primary and would leave the job in the hands of voters.

“The party hopes every candidate will make their case to the public, contrasting their Republican policies and principles with those of Democrats — as well as phony ‘Independents,’” the news release said.

Former University of Montana President Seth Bodnar announced a run for the U.S. Senate as an independent this week.

A tension within the Republican party has emerged in recent years between hardline conservatives and more moderate members, and some legislative primaries illustrate the split.

This week, the state GOP said the number of primaries for state legislative seats shows a high interest from Montanans who want to serve the state and pass Republican policy, and the MTGOP “is glad to see so many Republicans being called to public service.”

In a brief call, MTGOP spokesperson Ethan Holmes said the party had not ruled out endorsements in legislative primaries.

In the news release, however, the MTGOP offered its view of the larger political debate.

“Montana voters know that beyond the primaries, there is a clear choice between Republican and Democratic governance; one path leads to lower taxes, less crime and stronger families, and the other leads to higher taxes, more crime, and social decay,” MTGOP Chairperson Art Wittich said in a statement.

The news release also said the state GOP is working “tirelessly to deliver a Bright Red Future” at both the state and federal level and looks forward to help candidates whom voters select win in November.

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Montana Lottery Powerball, Lotto America results for March 4, 2026

Published

1 day ago

March 5, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at March 4, 2026, results for each game:

Winning Powerball numbers from March 4 drawing

07-14-42-47-56, Powerball: 06, Power Play: 4

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from March 4 drawing

33-38-39-47-51, Star Ball: 07, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from March 4 drawing

01-07-08-27, Bonus: 12

Check Big Sky Bonus payouts and previous drawings here.

Winning Powerball Double Play numbers from March 4 drawing

05-10-26-53-59, Powerball: 06

Check Powerball Double Play payouts and previous drawings here.

Winning Montana Cash numbers from March 4 drawing

03-04-06-08-10

Check Montana Cash payouts and previous drawings here.

Winning Millionaire for Life numbers from March 4 drawing

12-13-36-39-58, Bonus: 03

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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