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Public ignored in pursuit of Sheep Creek Mine
On December 1st, 650+ Ravalli County residents packed a County Commission meeting with one agenda topic: a rare earth element mine in Sheep Creek, a Bitterroot River headwater. Specifically, the public and Commissioners wanted more information from U.S. Critical Materials (USCM) about its plans and the proposed fast-track permitting process. Less than 2 weeks later, with few questions answered, USCM submitted a draft Plan of Operations (the Plan) for mine exploration to the US Forest Service.
Montana Trout Unlimited (MTU) has long advocated for the Bitterroot’s prized fishery, and for responsible mining. In this unfolding situation, three things are clear: 1) There is deep concern about the many risks of mining in the headwaters of the Bitterroot, 2) USCM continues to ignore requests for communication, transparency and information needed to understand those risks, and 3) demands for rare earth elements can be met through existing mines and mine waste without the risks that new mines pose.
At the meeting, USCM representative Scott Osterman stated, “We’d like to have the advice of people…who share the same commitments to our environment that are sitting in this room today. And we view that feedback and that participation as extremely important.” Unfortunately, this is completely inconsistent with company actions. Osterman also stressed the company was not moving quickly, despite the Plan’s placement on the federal FAST-41 list, which enables a faster-than-normal permitting process.
Community feedback was clear: withdraw from the FAST-41 track, hit reset and truly engage with local people, businesses and elected officials. Montana’s Congressional delegates agreed. Within 24 hours, our congressmen issued statements urging USCM to, indeed, slow down and engage the community. However, less than 2 weeks later, USCM submitted their Plan with no additional public outreach and no acknowledgement of the Commission’s and federal delegation’s requests.
Actions undermine claims made by USCM that “future mining” would not harm the Bitterroot. Water quality and water quantity are top of mind for most Montanans. Osterman stated, “Our plan is not to draw any water from Sheep Creek, nor to discharge any water.” Yet the Plan states that if groundwater that floods the underground workings is not sufficient, “additional process water” will come from “Sheep Creek, or the West Fork of the Bitterroot River.” The Plan provides no indication of how much groundwater the company might encounter, how much processing water it might use, nor any indication of how USCM expects to divert this water without Montana water rights.
That’s the tip of the iceberg when it comes to the lack of detail provided about the mine exploration process and associated risks. USMC claims that there is no risk of water pollution in public, but the company’s own lab results from previous exploration indicate that acid mine drainage and radioactivity are actual risks. Again, no further information is provided to relieve these concerns.
MTU’s 60+ year history began with local efforts to protect invaluable water resources. The Bitterroot Chapter of Trout Unlimited helped establish our organization and both have invested in policy, advocacy, on-the-ground restoration and education to support the Bitterroot and its fishery. We are committed to ensuring that a mine, especially a poorly planned one, does not imperil the Bitterroot.
There are better ways to strengthen domestic critical mineral supply without risky mines like Sheep Creek. We are investigating options to meet demands for critical minerals that instead rely on existing mines or mining waste. In short, we will invest in smart, safe ways to strengthen the domestic mineral supply. So far, USMC’s plans fall far short. Sheep Creek, the Bitterroot River and everyone in the watershed deserve better.
Add your name below if you want to stay informed, help us demand a transparent process from USCM and protect the precious water resources of the Bitterroot River for future generations.
MT Supreme Court Rules Against the Smith
Water-use permit for the Black Butte Copper Mine upheld by the Montana Supreme Court
Court rules in favor of DNRC and a company that seeks to mine near the headwaters of the Smith River.
In a blow to the Smith River and future generations, the Montana Supreme Court today upheld the water-use permit granted by the Department of Natural Resources and Conservation to Sandfire Resources, which plans to pump and impound large volumes of groundwater at its proposed Black Butte Copper Mine, in Meagher County. Our coalition of conservation groups had argued that the permit did not address—or mitigate—up to 457 acre-feet of the groundwater that would have to be removed from the mine each year in order to facilitate mining operations. That’s millions of gallons of water per year that the company can pump, treat, store and control for much of the year without a permit or having to mitigate for the surface water losses it causes. While we work for and worry about low flows across the state, the mining industry gets a free pass on the majority of its water.
The Montana Supreme Court heard argument in the case on March 29. The Court ruled that the mining company is not obligated to apply for a permit for the full amount of groundwater that it will have to pump at its mining operations adjacent to Sheep Creek, a major tributary of the Smith River.
Given the value of water to all people and uses, including fish, wildlife, family homes and agriculture, this ruling is incredibly disappointing. Allowing mining companies a handout on massive water use threatens the lives and livelihoods of all downstream water users, not to mention the health of the treasured Smith River.
This decision upholds the anti-conservation precedent of allowing mining companies to dewater groundwater, rivers and streams without fully mitigating the impacts. To undo this precedent, our coalition of conservation groups challenged DNRC’s issuance of the water-use permit in 2020, noting that Sandfire will have to pump up to 807 acre-feet of groundwater from its mine each year, which amounts to nearly 250 million gallons. We argued that the company should be required to seek a permit for the entire quantity. We appealed the permit decision both to the DNRC, and to a district court, before appealing to the Montana Supreme Court.
The Supreme Court’s ruling will allow Sandfire to move forward with its mining operation—and the extensive groundwater pumping it requires—without ensuring that existing water users and the region’s waters will not be adversely affected. There is no court of higher appeal.
We firmly believe this was a fight worth taking through this final appeal process and are thankful for the support of coalition members, Trout Unlimited Earthworks, Montana Environmental Information Center, American Rivers, and our legal representation by Earthjustice. Moreso, we are thankful for the tireless energy and help we have received throughout this long process by our committed grassroots supporters and champions, like you.
Our love of the Smith River is undiminished, as is our resolve to offer it the best protection we can. Rather than hang our heads, we will continue to pursue much-needed restoration work in the Smith watershed, monitor any activity undertaken by the mine, and fight to ensure that the Smith’s water quality and quantity are protected to the fullest extent of the law.
If you have any questions or thoughts to share on this ruling or our Smith River efforts, please contact me.
Sincerely,
David Brooks
Summer 2024 Trout Line
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BLM Issues Mineral Withdrawl for Zortman-Landusky
Sometimes withdrawing federal lands from mining claims is the right tool to protect precious places. That’s certainly the case with the recent announcement by the Bureau of Land Management (BLM) to protect the Fort Belknap Indian Community (FBIC) and surrounding lands from further mine devastation through a mineral withdrawal around the former Zortman-Landusky mine. Clean water, indigenous culture, fish, wildlife and human health are all too valuable to risk for the profits of global mining companies. While mining is important, it’s not the right use of resources everywhere. This mineral withdraw recognizes that fact.
Many know the history of water pollution near the Zortman-Landusky mine. The company that operated the mine, Pegasus, declared bankruptcy, leaving streams in the Fort Belknap Indian Community dewatered and degraded by acid mine drainage. This extensive damage will require expensive water treatment in perpetuity. Montana taxpayers are stuck with millions of dollars of the cleanup and water treatment costs, while the land, water and cultural resources suffer.
In order to protect the Fork Belknap Indian Community and the surrounding environment from more damage, the BLM withdrew an area around the Zortman-Landusky mine from mineral claims. The mineral withdrawal area was up for renewal in 2022. Because of additional need for cultural and ecosystem protection, the BLM listened to the Fork Belknap Indian Community, MTU, our partners, and the public to renew and expand the mineral withdrawal boundary.
MTU is proud to support the Fort Belknap Indian Community and our partners in this wise decision by the BLM. As Fort Belknap Community Council President Jeffery Stiffarm put it, “Good things come to good people! That’s what this team is! Thank you for everything you have done for Fort Belknap!!!” Right back at you President Stiffarm and everyone who championed this effort.
We’d also like to give extra thanks to our partners who worked on this effort, EarthWorks, Montana Environmental Information Center and EarthJustice and all those who spoke up for clean water and environmental justice for the Fort Belknap community. Read the BLM’s press release HERE.
