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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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UM Western’s Tori Murnion receives Montana Athletes in Service Award

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UM Western’s Tori Murnion receives Montana Athletes in Service Award


The Montana Campus Network for Civic Engagement has recognized 14 student-athletes with the 2025 Montana Athletes in Service Award, including Montana Western’s Tori Murnion. The annual award highlights one student from each affiliate campus who demonstrates exceptional commitment to community service while competing in collegiate sports. Recipients, honored during halftime at the Brawl of the Wild on Nov. 22, include Murnion, a senior from Jordan who is active in student government, local rodeo events, and peer mentoring.

Full release:

The Montana Campus Network for Civic Engagement (MCNCE) has recognized fourteen student-athletes with the Montana Athletes in Service Award (MAIS), including Montana Western’s Tori Murnion.

For over 30 years, the Montana Campus Network for Civic Engagement and its campus affiliates have supported students, faculty, and communities across Montana with programs that encourage and recognize community service. The CEO Council of the Montana Campus Network for Civic Engagement is proud to honor these athletes whose extensive volunteer efforts have greatly benefited their communities.

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Each year, the MCNCE honors one student-athlete from each affiliate campus across the state who demonstrates exceptional dedication to serving their community while pursuing their college degrees or certificates and competing in collegiate sports. The 2025 MAIS award recipients are:

Tori Murnion – University of Montana Western – Rodeo

Kayle Addison – Little Big Horn College – Basketball

Cameron “Cam” Blevins – Miles Community College – Volleyball

Kennedy Venner – Carroll College – Softball

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Tayla Undem – Dawson Community College – Softball

Walker Burshia – Fort Peck Community College – Basketball

Owen Smith – MSU–Northern – Basketball

Colton Seymour – Salish Kootenai College – Basketball

Justus Peterson – Montana Tech – Football, Track & Field, Rodeo

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Blaine Shaw – Flathead Valley Community College – Logger Sports

Brooke Stayner – University of Montana – Track & Field

Nova Rosman – MSU Billings – Cheer & Stunt

Amelio Blackhorse – Chief Dull Knife College – Basketball, Rodeo

Taylee Chirrick – Montana State University – Basketball

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The recipients were recognized during halftime of the 2025 Brawl of the Wild game at Washington-Grizzly Stadium on November 22.

Tori Murnion is a senior from Jordan, Montana, majoring in Business. Outside of rodeo, Tori is a senator in the Associated Students of Montana Western (ASUMW), an organizer for the Labor Day Rodeo in Dillon, and a peer mentor.

Tori exemplifies a strong commitment to service, both in and out of the arena. Her dedication to helping others—whether through supporting her community or mentoring —makes her an inspiring role model for her peers and the broader community.



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Accident blocks Expressway in Missoula

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Accident blocks Expressway in Missoula


UPDATE: Expressway lanes are back open after an accident.

The accident occurred around 6:45 p.m. today and obstructed traffic on Expressway from Majestic Drive to the Crestview Apartments Tuesday evening.

Missoula Police Department is asking the public to take an alternate route.

No additional information is available at this time.

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Montana Viewpoint: Money for nothing

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Montana Viewpoint: Money for nothing


Jim Elliott

Just before the official days of excessive purchasing named Black Friday, and Cyber Monday which follow immediately on the heels of the National Day of Gluttony, Turkey Thursday, I received a new credit card.

Just for giggles, I thought I’d read the fine print. The rate of interest would be 14.99 percent. “Didn’t Jesus throw the money lenders out of the Temple?” I thought. The late fee would be 29.99 percent and would apply to future purchasers at the discretion of the bank. I then thought of a friendly fellow I knew who was originally from Chicago. “What did you do there?” I asked him once. He smiled, and said, “I was in collections.” I wondered if he had worked for a bank or some other organization.

Where did these high credit card rates come from? Long ago there were state laws that prohibited usury, which is the charging of excessive interest on loans. When did that all change?

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In the United State that date would be February 6, 1980, when a bill to abolish the South Dakota usury laws passed that state’s legislature. In the 1970s inflation was running at about 20 percent and to tame the trend, Paul Volker, the Chairman of the Federal Reserve Bank had allowed the rate at which the Fed loaned money to banks to rise to 20 percent. In South Dakota and elsewhere in the 1970s farmers were having a very hard time of it for many reasons and needed to borrow money from banks just to survive. But South Dakota banks were not about to lend out money at the legal maximum rate of 12 percent when they had to pay 20 percent interest just to borrow the money from the Federal Reserve.

In a related issue, in 1978 Marquette Bank of Minneapolis was having their credit card business undermined by First National Bank of Omaha, which was issuing credit cards to Minnesota residents at 18 percent interest which was the top usury rate in Nebraska but with no annual fee. Marquette was issuing credit cards at the 12 percent maximum interest rate imposed by Minnesota, but they did charge an annual fee. They were losing business to the Nebraska bank. Marquette went to court, arguing that Nebraska banks could not charge a rate of interest in Minnesota that was higher than Minnesota banks could charge in their own state. Marquette lost. In a unanimous opinion the Supreme Court ruled that the usury law of the issuing state held, no matter where the cardholder lived.

In a second related issue, Citibank of New York was bound to the New York usury law of 13 percent and was losing money. After the Marquette decision, Citibank began looking for a new state to do its credit card business in. Under federal banking law a bank could not move to a state without an invitation to relocate, which was conveniently provided by (usury free) South Dakota on the last day of its legislative session in 1980. Citibank relocated its credit card operations to Sioux Falls, S.D. as soon as it could, bringing with it 500 new jobs, a new building, and as a special gift to its cardholders, a higher interest rate.

That’s the history of the beginning of high rates. The morality of charging high rates on loans goes back at least—as I have said—to Jesus throwing the money lenders out of the Temple when he said, “It is written, My house shall be called the house of prayer; but ye have made it a den of thieves.” (Matthew 21:13 KJV).

People who loan money will tell you that the rate they charge reflects the risk they take that the loan won’t be repaid. The higher the risk, the higher the interest charged. It used to be that bankers didn’t like to take risks. They loaned money, sure. They made money on the interest charged, sure. But they also wanted the borrower to have a solid reason for borrowing money and to be successful in the business the customer was borrowing the money for. If it was a mortgage, they wanted you to be able to afford the loan. They did not loan money for toys or vacations. They looked out for themselves by looking out for their customers.

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Now, it seems, all they want to do is make money off their customers, and the faster the better. Bankers used to educate their customers because success was a two-way street. Today, people are drowning in credit card debt, and nobody seems to care. Well, someone might, but it’s not the banks.

Have fun, but don’t go broke doing it.

Montana Viewpoint has appeared in weekly and online newspapers across Montana for over 30 years. Jim Elliott served sixteen years in the Montana Legislature as a state representative and state senator. He lives on his ranch in Trout Creek.





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