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

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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.

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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.

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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.”

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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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Dispatches from the Wild: Montana’s wild inheritance at risk | Explore Big Sky

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Dispatches from the Wild: Montana’s wild inheritance at risk | Explore Big Sky


Steve Pearce and the future of the BLM  

By Benjamin Alva Polley EBS COLUMNIST 

If you care about hunting elk in crisp October air, floating a clear-running river for cutthroat trout, or simply taking your kids camping beneath a sky unspoiled by drill rigs, you should be outraged that Steve Pearce was ever considered to run the Bureau of Land Management. 

The BLM is the largest landlord in the West. It oversees nearly 245 million acres of public land—millions of those acres in and around Montana’s most cherished places. This land is the backbone of our elk and mule deer herds, our sage grouse leks, our pronghorn migration routes and our blue-ribbon trout streams. It’s also the stage on which Montana’s hunting, fishing and outdoor recreation economy plays out. 

Putting someone with Steve Pearce’s environmental record in charge of that land is like handing your cabin keys to the arsonist who’s always hated it. In the four months since Pearce was first nominated, it emerged that, if confirmed, he and his wife would divest from more than 1,000 oil and gas leases in Oklahoma to address potential conflicts of interest. While some senators strongly support his “active forest management” approach, he still faces opposition from groups alarmed by his record on public land transfers. On March 4, the Senate Energy and Natural Resources Committee voted 11-9 to advance his nomination, despite concerns from conservation groups. 

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Pearce’s track record is no mystery. He has consistently sided with extractive industries at the expense of wildlife, habitat and public access. He has supported opening more public lands to oil and gas drilling, weakening bedrock environmental safeguards and undermining science-based management. His votes and public statements have signaled again and again that he sees wild country as an obstacle to be overcome, not a legacy to be stewarded. 

For Montana, that posture is an existential threat. Our big-game herds rely on intact winter range and unfragmented migration corridors across BLM lands. Aggressive drilling, poorly planned roads and relaxed reclamation standards shred those habitats. Once you carve up a landscape with pads, pipelines and traffic, you don’t get solitude—or mature bull elk—back with the stroke of a pen. 

Anglers should be just as alarmed. Headwater streams and riparian corridors on BLM ground are the life support system for native bull trout, cutthroat and wild trout. A BLM director hostile to environmental safeguards is far more likely to greenlight development that increases sediment, degrades water quality and depletes the cold, clean flows our rivers depend on. 

If Pearce takes office, outdoor recreation—and the rural economies built around it—will not be spared. In Montana, hunting, fishing and outdoor recreation pump billions of dollars into local businesses, guiding operations, gear shops and main-street cafes. People travel here precisely because of the open space, healthy herds and functioning ecosystems that BLM lands help sustain. When those landscapes are sacrificed to short-term profit, we don’t just lose scenery; we lose jobs, identity and a way of life. 

This is not a partisan issue, especially in Montana. Public lands are one of the few things we truly share: ranchers who graze allotments, tribal communities with cultural ties to these places, hunters and anglers who’ve long defended habitat, and families who just want a place to pitch a tent. A BLM director should be a careful, science-driven steward accountable to all Americans—not a politician with a history of dismissing environmental protections as red tape. 

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Montanans know what’s at stake. We’ve fought bad ideas before—land transfers, giveaway leases, rollbacks to bedrock conservation laws—and we’ve won when we stood together. Steve Pearce’s nomination should have been dead on arrival. The fact that he was even on the list tells us how vigilant we must remain. 

Our outrage must translate into action: calling elected officials, packing public hearings, writing letters and voting as if our public lands are on the line. Truly, they are. The BLM needs a director who sees these landscapes the way Montanans do: as sacred ground, not a balance sheet. 

Anything less is a betrayal of the wild inheritance we’re supposed to pass on. 

Benjamin Alva Polley is a place-based storyteller. His words have been published in Rolling StoneEsquireField & StreamThe GuardianMens JournalOutsidePopular ScienceSierra, and WWF, among other notable outlets,  and are available on his website.   

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Californians caught using ‘Montana Loophole’ to dodge supercar sales tax — and Beverly Hills is the worst

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Californians caught using ‘Montana Loophole’ to dodge supercar sales tax — and Beverly Hills is the worst


California has launched a huge crackdown on criminals buying and registering supercars outside of the state to avoid eye-popping sales tax.

Fourteen people have been charged after $20 million worth of vehicles were sourced to the Big Sky State in what authorities are calling the “Montana Loophole.”

California has launched a huge crackdown on criminals buying and registering supercars outside of the state to avoid eye-popping sales tax. Office of the Attorney General of California

The cars include a $1.8 million McLaren Elva, a Porsche 918 Spyder and a $1.26 million Ferrari F12TDF, the attorney general’s office said.

In the Golden State base rate sales tax is 7.25%. For a Lamborghini or Ferrari that can reach up to $250,000 or higher, that can mean a tax bill over $18,000. In Montana it is zero.

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The gang, from Alameda, Marin, Santa Clara and Sacramento, allegedly dodged more than $1.8 million in taxes since 2018.

They are accused of filing false records showing the supercars were bought in Montana but then drove and kept them in California.

Fourteen people have been charged after $20 million worth of vehicles were sourced to the Big Sky State in what authorities are calling the “Montana Loophole.” Office of the Attorney General of California

The DMV has launched nearly 100 criminal investigations into similar schemes across California since 2023 and recovered $2.3 million. It says the schemes are costing over $10 million per year.

It says there are 601 fraudulently registered cars involved and the DMV and California Department of Tax and Fee Administration have reviewing all car sales made in Montana.

California AG Rob Bonta said: “When bad actors abuse legal loopholes and submit fraudulent documents to evade their obligations, the California Department of Justice will not stand idly by.

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“Every dollar of unpaid taxes is a dollar taken from California’s roads, schools and the vital services our communities rely on.”

The DMV has launched nearly 100 criminal investigations into similar schemes across California since 2023 and recovered $2.3 million. It says the schemes are costing over $10 million per year. Office of the Attorney General of California

The AG’s office said Beverly Hills was the city with the most suspicious car sales, with 416 cases on its radar from the luxury enclave.

It also released a series of text messages from defendants in Marin County and Walnut Creek, which said: “Don’t want the state of California to know anything about this car.”

Another asked: “Before you deliver it to him can you please remove the dealer plate.” One more asked if those with Montana plates had issues, the reply was: “Not yet.”

Another defendant added: “70k saved — I can’t believe the registration lasts for five years — that’s crazy. Stupid California. Paid 3k to own a 600k car for 5 years — lol in Cali that’s like 75k for 5 years. Hella dumb.”

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California DMV Director Steve Gordon said: “We encourage all Californians to do the right thing and register their vehicle here if they are operating it in California.”



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How to watch Montana vs. Montana State women’s basketball: Big Sky Tournament TV channel and streaming options for March 8

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How to watch Montana vs. Montana State women’s basketball: Big Sky Tournament TV channel and streaming options for March 8


The No. 2 seed Montana State Bobcats (23-6) will square off against the No. 8 seed Montana Lady Griz (9-21) in the Big Sky tournament Sunday at Idaho Central Arena, tipping off at 4:30 p.m. ET.

How to watch Montana Lady Griz vs. Montana State Bobcats

Stats to know

  • Montana State averages 74.8 points per game (42nd in college basketball) while allowing 60.9 per contest (101st in college basketball). It has a +403 scoring differential overall and outscores opponents by 13.9 points per game.
  • Montana State makes 7.5 three-pointers per game (61st in college basketball) at a 29.4% rate (244th in college basketball), compared to the 6.7 its opponents make while shooting 32.9% from deep.
  • Montana has a -270 scoring differential, falling short by 9.0 points per game. It is putting up 62.2 points per game, 252nd in college basketball, and is allowing 71.2 per outing to rank 310th in college basketball.
  • Montana hits 2.2 more threes per game than the opposition, 9.2 (12th in college basketball) compared to its opponents’ 7.0.

This watch guide was created using technology provided by Data Skrive.

Betting/odds, ticketing and streaming links in this article are provided by partners of The Athletic. Restrictions may apply. The Athletic maintains full editorial independence. Partners have no control over or input into the reporting or editing process and do not review stories before publication.

Photo: Patrick Smith, Andy Lyons, Steph Chambers, Jamie Squire / Getty Images

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