Montana
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.”
smith-river-mepa-opinion-published
DILLON, Mont. — Low oxygen levels and excess nutrients led the Montana Department of Environmental Quality to officially determine that the Big Hole River is impaired, state officials said.
The conditions are affecting aquatic life and recreation along parts of the river. Officials said the nutrients can fuel algae and plant growth, especially during hot, low-water conditions.
The Big Hole has been the focus of water quality restoration efforts for decades, with more than $1.3 million in federal Clean Water Act funding invested since 1988.
The impairment will be included in DEQ’s next water quality report. Restoration work and funding for the watershed will continue.
In these Montana towns a stranger rarely stays a stranger for long. Shopkeepers in Philipsburg know their regulars by name. Bigfork neighbors fill the same theater seats every summer. Livingston locals still swap trail tips with visitors over coffee. The welcome here comes from people who greet newcomers like they belong. These eight communities show what small-town Montana hospitality looks like up close.
Whitefish
Whitefish sits within an hour of Glacier National Park, and that proximity shapes everything about the town. Central Avenue runs on covered Old West walkways lined with local shops, restaurants, and galleries, and the crowd shifts with the seasons as skiers give way to summer hikers.
Glacier National Park draws visitors with hundreds of miles of hiking trails, alpine lakes, and the scenic Going-to-the-Sun Road. Closer to town, Whitefish Lake offers public beaches, boat rentals, paddleboarding, and fishing during the warmer months. When winter arrives, Whitefish Mountain Resort becomes the area’s main attraction, with ski runs, snowboarding terrain, and gondola rides overlooking the Flathead Valley. Even after a day outdoors, many visitors return to downtown Whitefish to browse local shops or settle in at the town’s restaurants and breweries.
Bigfork
Sitting on the northeastern shore of Flathead Lake, Bigfork pairs a working harbor with a downtown built around its artists. Galleries and studios cluster within a few walkable blocks, and the water is never out of sight for long.
Flathead Lake is the town’s biggest draw, with boating, kayaking, fishing, and swimming on the largest natural freshwater lake west of the Mississippi River in the lower 48 states. Just offshore, Wild Horse Island State Park lets visitors hike among native wildlife, including wild horses, bighorn sheep, bald eagles, and mule deer. Theater lovers can catch a Broadway-style production at Bigfork Summer Playhouse, which has staged live performances for decades. Before leaving town, visitors can browse the independently owned galleries and studios showcasing paintings, sculptures, ceramics, and other work by Montana artists.
Philipsburg
Philipsburg made its money in silver, and the painted storefronts along Broadway Street date to those boom years. The old buildings now hold local businesses, and the mining past is easy to trace from one block to the next.
A visit to Gem Mountain Sapphire Mine lets visitors sift through mining gravel for Montana sapphires, many of which can be cut into finished gemstones. Just outside town, Granite Ghost Town State Park preserves the remains of a silver mining community, with abandoned buildings that mark the region’s boom years. Those interested in local history can stop at the Granite County Museum, where exhibits cover the area’s mining industry and early settlement. Before leaving, many visitors make time for The Sweet Palace, a candy store that has become one of the town’s signature stops.
Livingston
Livingston sits on the Yellowstone River and serves as a northern gateway to Yellowstone National Park. Restored commercial buildings house an active arts scene, and the Absaroka Range rises just south of the rooflines.
The historic downtown works as the town’s main visitor area, with independent bookstores, outfitters, cafes, and long-standing local businesses inside restored commercial buildings. At the Yellowstone Gateway Museum, exhibits trace the region’s history through Indigenous presence, railroad expansion, and early settlement in the Yellowstone Valley. Small galleries across the downtown core show work by regional artists whose subjects often reflect the river valley and the mountains around it.
Red Lodge
Red Lodge marks the start of the Beartooth Highway, one of the highest paved roads in the country. Its compact, walkable downtown keeps locally owned shops and restaurants busy in every season.
The Beartooth Highway climbs into the Absaroka-Beartooth Wilderness and continues toward Yellowstone National Park, with steep mountain passes, alpine lakes, and long-range views. In winter, Red Lodge Mountain becomes a major recreation area for skiing and snowboarding, with terrain that draws residents and visitors alike. During the warmer months, hiking trails in the surrounding mountains open onto forests, ridgelines, and wildlife viewing areas. Downtown Red Lodge stays active year-round, with local businesses and historic buildings packed into a walkable core.
Choteau
Choteau sits where the prairie meets the Rocky Mountain Front, and dinosaurs put it on the map. Fossil beds nearby produced some of the most important dinosaur nesting discoveries in North America, and the town leans into that history.
At the Old Trail Museum, exhibits cover the region’s natural history, including fossil finds and artifacts tied to its prehistoric past. The surrounding country is known for wildlife viewing, with elk, deer, and many bird species in the foothills and open plains near town. Just outside Choteau, fossil sites linked to major dinosaur discoveries have built the area’s reputation in paleontology research. The Rocky Mountain Front opens onto hiking routes and wide viewpoints where the plains give way to the peaks.
Stevensville
Stevensville is the oldest permanent settlement in Montana, founded in 1841 as St. Mary’s Mission. It sits in the Bitterroot Valley between the Bitterroot and Sapphire mountains, and the town center still runs at a slower pace.
St. Mary’s Mission is the town’s most significant landmark, preserving the mission’s early buildings and marking the first permanent Euro-American settlement in what became Montana. The Bitterroot Valley around Stevensville is known for its orchards, farmland, and mountain views, and it serves as a corridor to nearby communities and recreation areas. Local boutiques and small shops fill a compact town center that reflects its long history. Hiking trails in the nearby foothills reach forested terrain, open meadows, and views of the Bitterroot Mountains, drawing the most traffic during the warmer months.
Virginia City
Virginia City boomed after an 1863 gold strike in Alder Gulch, and much of that town survived. Wooden boardwalks, original storefronts, and period buildings still line the Main Street, so a walk here doubles as a walk through the 1860s.
Historic structures throughout the town can be toured to see how miners, shopkeepers, and early settlers lived during the gold rush era. Several small museums and preserved buildings cover mining equipment, frontier life, and local governance during the 1800s. Costumed interpreters run seasonal reenactments as well, recreating daily routines and events from Virginia City’s early years.
Small Towns Worth the Detour
These eight towns show how much Montana packs into its smaller communities. Livingston and Whitefish put national parks within reach of a walkable downtown, while Philipsburg and Virginia City keep their mining-era streets intact and open to visitors. Choteau turns fossil country into a point of local pride, and Stevensville carries the state’s oldest roots. Anyone looking for genuine small-town hospitality will find plenty of it across these Montana communities.
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at July 9, 2026, results for each game:
Winning Big Sky Bonus numbers from July 9 drawing
08-21-24-29, Bonus: 16
Check Big Sky Bonus payouts and previous drawings here.
Winning Millionaire for Life numbers from July 9 drawing
02-15-22-54-58, Bonus: 04
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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