MONTANA ENVIRONMENTAL INFORMATION DowntoEarth CENTER NEWS FROM THE MONTANA ENVIRONMENTAL INFORMATION CENTER

IN THIS ISSUE

2 Victory! Rock Creek Mine

3 Smith River Update

4 Victory! Coal Moratorium

5 Victory! Solar and the PSC

6 NorthWestern Energy Shakedown Bill

7 Victory! HB467 Protects Consumers

8 Clean Energy Bills

10 Coal Bills

11 Hardrock Mining Bills

12 Clean Water Bills

13 2019 Voting 2019 Legislature in Review Record

Clean and Healthful, it’s Your Right, Our Mission. May 2019 1 May 2019 | Vol.45 • No.2 MONTANA ENVIRONMENTAL INFORMATION CENTER Landmark Water Rights Ruling Is a Setback for the Rock Creek Mine by Jim Jensen Montanans – not to give those waters away to corporate interests without n April 2019 a State district court taking a hard look at the impacts.” judge reversed the decision of the Judge Kathy Seeley’s ruling, Montana Department of Natural issued in response to a lawsuit filed by IResources and Conservation (DNRC) Earthjustice on behalf of MEIC, Clark to grant a water use permit for the Fork Coalition, Rock Creek Alliance, Rock Creek mine, a silver-copper and Earthworks, concluded that the mine proposed in northwest Montana’s agency violated State law by ignoring Cabinet Mountains. The permit evidence that groundwater pumping would have allowed the mine for the mine would permanently operator, Hecla Mining Co., and degrade multiple streams classified its subsidiary RC Resources, to carry by the State as Outstanding Resource out major groundwater pumping that Waters. the company’s own analysis showed This landmark ruling erases the would permanently dewater pristine false narrative that water quality and streams in the Cabinet Mountains water quantity are separate under Wilderness. Montana water law, and breathes According to Earthjustice attorney new life into all Montanans’ right Katherine O’Brien: “The court’s to protect clean water in the face of ruling safeguards some of the purest mining’s destructive practices. The waters in the lower 48 from the ruling sent shockwaves through the destructive impacts threatened by the Cabinet Mountains mining industry and other industrial Wilderness. Photo Rock Creek mine. The ruling also sectors that have for decades held by Flickr user Scott affirms that the State’s job is to protect virtual dominion over DNRC’s Water Butner. Montana’s waters for the benefit of all Resources Division. The Rock Creek mine, which Hecla has proposed for development near Noxon, would extract up to 10,000 tons of ore every day for up to 35 years in an area of undeveloped national forest land, on the doorstep of one of America’s first wilderness areas. The mine would harm more than 7,000 acres of primarily public lands in and adjacent to the Cabinet Mountains Wilderness – including irreplaceable habitat for threatened populations of bull trout and grizzly bears. continued on page 19

May 2019 2 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER Smith River: It’s the Eleventh Hour

by Derf Johnson The Smith is often referred to he Montana Department as the crown jewel of Environmental Quality representing these (DEQ) recently released a draft values. Tenvironmental impact statement (EIS) This begs the for the proposed copper mine on the question: why Smith River. Not unexpectedly, it is do we allow filled with more faulty assumptions these places to and erroneous conclusions than can be be harmed? The listed here. As an aside, thanks to all answers are myriad of you who took the time to send in and complex, but postcards, sign petitions, and submit the result is often individual comments to DEQ. MEIC’s the same. A mix comments critiquing this document are of public apathy, available on our website, www.meic.org. government The comment deadline for the EIS has lethargy and now passed. DEQ now has the job of incompetence, and reviewing the comments, producing a a permitting scheme that favors industry MEIC Legislative final EIS (sometime in late Summer or over environmental protection, almost Assistant Malcolm early Fall), and then issuing or denying always leads to the further degradation Gilbert delivering the permit (soon after the final EIS is 2,523 public of Montana’s natural environment. Will comments on completed). What will DEQ ultimately the story of the Smith River be different? the Black Butte do? Unbelievably, DEQ has never denied The Smith has not been immune Copper Project to the DEQ. a hardrock mining permit. I know where from poor decision making over the I’d put my chips. past century. It’s suffered everything Most Montanans know that some from dewatering and destruction of its landscapes are far more precious than the riparian habitat to water pollution runoff, dollar value potentially gained from their recreational over-use, and now elevated exploitation. That some places provide temperature levels and an accompanying more for our society and collective outbreak of nuisance algae. A carefully humanity than the “pick and shovel“ crafted management plan and a dedicated or “feller buncher and mill” ever could. and concerned group of Montanans And that these places are irreplaceable. has alleviated some of these problems, The vast majority of Montanans know but an incredibly ill-conceived mining that the Smith River is one of these operation threatens to undo this work places. Montana’s rivers are known as entirely and place the Smith in serious the lifeblood for our economy, the source jeopardy. for much of our recreation, and a place This story has been told many for respite and a home for spirituality. times before, both in previous issues continued on page 21

Clean and Healthful, it’s Your Right, Our Mission. May 2019 3 MONTANA ENVIRONMENTAL INFORMATION CENTER Victory: Zinke Illegally Lifted Coal Moratorium by Anne Hedges

ne of Ryan Zinke’s first program on federal lands has grown acts as Secretary of Interior significantly since 1979, as has our was to revoke an Obama knowledge of climate change. Jewell’s OAdministration moratorium on the moratorium prevented the leasing of any leasing of coal on federal public land. more coal until the federal government The previous Secretary of Interior, Sally better understood the impacts of the Jewell, had imposed the moratorium until program and had verified it was being the agency had updated a 1979 analysis of adequately compensated for the loss of its coal leasing program. The National this public resource. Her announcement Environmental Policy Act requires was met with cheers from both “fiscal government agencies to analyze and hawks” and those concerned about the disclose the social, environmental, and changing climate. economic impacts of proposals prior to But Zinke forced the agency to do approving them. Zinke eliminated the an abrupt about-face the moment he moratorium and the evaluation of the entered office. Not only did he end the leasing program by administrative order, moratorium, he also issued a directive with no analysis or public involvement to expedite coal mining on public lands. (does that sound just like something the Both actions were taken without a shred current Administration would do?). of analysis or reasoning. Immediately MEIC and others immediately upon the issuance of his decisions, MEIC, EarthJustice challenged Zinke’s cavalier action the Northern Cheyenne Tribe, and Attorney Jenny environmental and tribal organizations, Harbine. with a lawsuit. In April 2019, a federal court ruled that ZInke had broken the represented by Earthjustice attorney, law when he ended Jenny Harbine, challenged Zinke’s the moratorium and actions. The states of California, program analysis Washington, and New Mexico joined update by fiat. in the challenge. The federal Even though the federal judge found government owns that Zinke behaved illegally, it remains 570 million acres unclear how Interior must proceed. of land containing Courts frequently rule that agencies coal, and has existing failed to follow the law (especially with leases for about the Trump Administration), yet they are 7.4 billion tons. hesitant to tell agencies how to comply. About 40% of the In this case, the judge did not mandate nation’s coal comes that the Department of Interior reinstate from federal lands. the moratorium until the analysis of The coal leasing the public land coal leasing program continued on page 23

May 2019 4 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER Solar ‘Hot Mic’ Case Update: We Won! We Won! by Brian Fadie the Commission’s order restores fairer contract terms for solar developers “No matter how cynical you get, and, in turn, affords NorthWestern an it is impossible to keep up.” – Lily opportunity to reduce its reliance on Tomlin costlier and dirtier sources of energy. hat is how the judge’s written In the ruling, the court noted that order began when ruling on the reduced compensation rates MEIC’s legal challenge of the were set “to, effectively, make TPublic Service Commission’s (PSC) such renewable energy development disastrous 2017 solar decision. And it economically unfeasible, and thereby only got better from there. eliminate competition.” This was the case involving PSC Three parts to the ruling were particularly important. First, contract Commissioner Bob Lake (R-Missoula) being caught on a ‘hot mic’ saying he lengths for these solar projects were reset knew the Commission had set contract to their previous 25 years. Second, the terms so unworkable for solar developers ruling reinstated the “carbon avoidance that it “probably took care of the whole value adder,” which is a way to value thing.” Of course “the whole thing” the non-carbon emitting characteristic the PSC took care of, at NorthWestern of wind, solar, and hydro resources. Energy’s request, was stopping large- Third, the court adopted a much more scale solar development in Montana. reasonable method for calculating No large-scale projects have been built the value solar energy provides to since. NorthWestern compared to what the Now, thanks to MEIC and its company had requested and the PSC partners at Vote Solar, and Cypress had ordered. Creek Renewables, the door for these These and other provisions of the projects is re-opened. order combine to give independent solar To recap, in 2017 NorthWestern projects a fairer chance to do business Energy attempted to stop independent in Montana again, allowing them to solar projects by requesting the PSC create new jobs, tax revenue, and clean drastically cut their compensation energy across the state. Solar panels. rate and contract lengths. After the Commission agreed—setting rates for solar energy at less than half of what NorthWestern charges its customers for its existing resources, and reducing contract lengths by 10 years—these projects came to a halt. The court’s decision to overturn

Clean and Healthful, it’s Your Right, Our Mission. May 2019 5 MONTANA ENVIRONMENTAL INFORMATION CENTER NorthWestern’s Attempted “Shakedown” Fails by Anne Hedges Koopman, found themselves on the same side as MEIC and AARP. Political orthWestern Energy’s affiliations and previous quarrels were 2019 legislative attempt to Legislative Recap quickly set aside as the second round shakedown its customers was of the fight began. Nshameful. Fortunately the attempt Within days Richmond morphed failed three different times. When SB 278 into a new bill, SB 331. The SB 278 MEIC and its allies first read – group of unusual allies was not only NorthWestern’s first attempt to rob its ready – it was growing. No one was customers – we all laughed. We thought fooled by Richmond’s legislative slight- the idea was too outlandish to be taken of-hand. SB 331 provided more of the seriously. It didn’t take long for us to same – the ability of NorthWestern realize we were dead wrong, and that the to buy more of the Colstrip coal plant company was dead serious about trying and pass off hundreds of millions of to force its customers pay for a larger dollars of liabilities to its customers share of the financially risky Colstrip with no Public Service Commission power plant and assume responsibility oversight. Again, the Republicans on for much of the plant’s nearly $1 billion Sen. Ankney’s Energy Committee liabilities. passed the bill without any analysis Fortunately, after SB 278 was or hesitation. Democratic senators quickly rammed through the Senate protested but their minority status left Energy Committee, controlled by them helpless to stop the bill. Sen. Duane Ankney (R-Colstrip), it The bill easily passed the first vote died in the Senate Finance and Claims on the Senate floor so it was shocking Committee. Even the bill sponsor, when it failed on the final vote. But Anne Hedges Sen. Tom Richmond (R-Billings), NorthWestern wasn’t giving up. The asking the who days earlier had sung its praises, legislature to bill was quickly resurrected and passed refuse to give changed his tune and said it went too the Senate on a 27 to 22 vote with most NorthWestern far. But by then the “cat was out of Democrats and a growing number Energy a blank the bag.” People from across the state check from of conservative Republicans voting consumers. and across the political spectrum were against it. paying attention, writing Then the proponents started to newspaper columns, raise a new and truly disingenuous testifying at hearings, and argument. They claimed the bill calling their legislators. was really about “saving” the state’s Former Republican electric transmission system. Never state senator and budget mind that the original version of director, Dave Lewis, SB 331 contained no provisions on and current Republican transmission. Never mind that just PSC commissioner Roger six months earlier NorthWestern continued on page 20

May 2019 6 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER MEIC Protects Consumers from Higher Utility Bills by Anne Hedges utility has an asset that is no longer in use. Such assets are called stranded assets t the 2019 legislative session, – ones that are no longer functional or MEIC worked quietly to slip an 2019 operating, but for which customers must Legislative Recap important consumer protection still pay through their rates. In the case Abill through the legislature. HB 467 by of Colstrip, customers still owe about conservation champion, Rep. Denise $300 million of the $408 million that Hayman (D-Bozeman) had little the PSC approved when NorthWestern fanfare and no media coverage, yet it acquired a 30% share of the Colstrip plant could save consumers more than $100 in 2008. At that time the PSC obligated million dollars. While legislators hotly NWE’s customers to and a great length debated whether pay an 8.25% rate of NorthWestern Energy should saddle The bill provides a financing mechanism return to NorthWestern, for NorthWestern and Montana Dakota its customers with more debt related to and to keep on paying Utilities to reduce the interest rate their the Colstrip Power Plant complex, HB until 2042. If the plant customers must pay on outstanding debt, 467 authorizes the refinancing of the closes before then, that debt incurred in connection with coal obligation is likely to and thereby save consumers money. plants and transmission lines. The bill remain even though provides a financing mechanism for the plant isn’t providing NorthWestern and Montana Dakota customers with electricity. This process, Utilities (MDU) to reduce the interest known as securitization, allows a utility rate their customers must pay on to issue bonds at a lower interest rate outstanding debt, and thereby save (perhaps 2% -3%) to pay off the higher consumers money. rate debt and save its customers millions The bill allows electric utilities to of dollars. Securitization could also be request approval from the Montana used if a transmission line is damaged Public Service Commission (PSC) to in a forest fire and needs to be replaced, issue rate-payer-backed bonds. After but the cost of the line isn’t paid off. an open process in which the public Securitization is similar to is allowed to participate, the PSC can refinancing a home to obtain a lower approve the issuance of these bonds interest rate. It’s unclear if NorthWestern if it finds that their issuance will save or MDU will ever take advantage of customers money and be in the public this tool, or if they do, whether MEIC, interest. Such bonds have a much the PSC, and the Montana Consumer lower rate of interest than the rate Counsel will agree that the utility should customers are currently paying. The be fully compensated for the remaining bill simply provides a tool that utilities costs of a closed power plant. But the can voluntarily use, and that the PSC tool the bill provides to utilities is an can authorize, modify, or reject, to excellent one, and MEIC is happy the refinance the amounts utility customers legislature agreed. are obligated to keep paying when a

Clean and Healthful, it’s Your Right, Our Mission. May 2019 7 MONTANA ENVIRONMENTAL INFORMATION CENTER Clean Energy Bills: No Steps Back, But No Steps Forward

by Brian Fadie gas plants instead of choosing lower cost renewable energy and energy he 2019 legislative session is in efficiency options. 2019 the books and MEIC is happy Legislative Recap In previous sessions net metering to report that once again we (i.e., a technique for valuing rooftop Theld the line and did not go backward solar generation) was a significant on clean energy. At all. Victory! Thank and highly contentious issue. Because you to all MEIC members and allies who the Public Service Commission helped make this possible. (PSC) is currently considering the Conversely, and disappointingly, net metering issue in NWE’s rate there were not any major steps forward case, the legislature did not take on clean energy either. However, the issue up this session. There were we know from conversations with still some attacks on rooftop solar. wind and solar developers and others However, these were much milder that Montana has exceptional and than in previous sessions. The PSC’s economically competitive renewable decisions on net metering in the rate energy resources, and as long as we case – whether helpful or harmful do not put artificial barriers in keep – will set the stage for the issue to its way Montana can see significant rise once again in the 2021 session. growth of clean energy generation. The legislature was a tale of two committees for clean energy bills. Clean Energy at the Session The Senate Energy Committee, NorthWestern Energy (NWE) chaired by Sen. Duane Ankney created a colossal self-inflicted (R-Colstrip), was the place where wound to its reputation when it positive clean energy bills went tried to fleece its customers with to die and bills harmful to clean the Colstrip blank check bills (see energy were readily passed. Facts, article on page 6). The greedy and rational arguments, and consistency shameless nature of its executives with supposed ideology, were was exposed and everyone from set aside in favor of promoting legislators to ratepayers learned a and subsidizing fossil fuels while little more about how utilities really hindering the development of clean make money. The more utilities energy. Conversely, the House spend the more profit they make, so Energy Committee, chaired by Rep. the more expensive something is the Daniel Zolnikov (R-Billings), was more they want it. The exposure of thoughtful and took the approach this dynamic is helpful at a time when of trying to help all Montanans. It those same executives want to build was a place where harmful clean a fleet of new and expensive fracked energy bills were rightfully voted

May 2019 8 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER down and bills that would help create exact idea has come up in multiple clean energy jobs and tax revenue previous sessions and each time received fair hearings and positive either the legislature or Gov. Bullock votes. Unfortunately, Rep. Zolnikov has shot it down. Thankfully, Gov. cannot run for the House again, Bullock vetoed this bill once again. while Sen. Ankney has another SB 93 (Sen. Tom Richmond, session remaining. R-Billings) requires solar facilities greater than two megawatts (meaning 2019 A Few Legislative Highlights far larger than rooftop solar) to post Legislative Recap While no major positive clean decommissioning and remediation energy bills passed, one small step bonds so there is money available forward did occur. HB 267 (Rep. to clean up their sites when the facility reaches the end of its useful Zolnikov, R-Billings) sets in motion a process that should help Montana life. This is a good idea. However, adopt advanced utility meters (aka smart meters). These meters should help improve the integration of renewable energy and energy efficiency into the grid as well as give utility customers much more information about their energy use. The PSC will now determine whether an opt-out choice should be provided to utility customers if smart meters are adopted. This would allow those who wish to keep their “dumb” meters to do so, helping to address rational concerns about privacy as well as irrational concerns about – and I wish I was kidding – a secret government plot to take control of your refrigerator in order to suppress last session the legislature enacted Workers this requirement only for wind installing rooftop human population growth. solar panels. The bad bill that made it to the projects. This session only solar governor’s desk was HB 487 (Rep. projects were targeted. Meanwhile, fossil-fuel power plants do not have , R-Kalispell). It would have allowed existing hydroelectric this bonding requirement. MEIC dams, including those that are more opposed SB 93 because all power than 100 years old, to count toward plants should be required to clean up a utility’s Renewable Portfolio their sites, not just wind and solar. Standard (RPS) obligation. This SB 93 passed and the governor signed would be directly contrary to the it. However, thanks to MEIC and RPS’ purpose of encouraging new others’ efforts, HJ 38 also passed, renewable energy facilities. This which will initiate an interim study

continued on page 21

Clean and Healthful, it’s Your Right, Our Mission. May 2019 9 MONTANA ENVIRONMENTAL INFORMATION CENTER Coal: A Winner in the Session

by Anne Hedges end of 2019 and has been the subject of unsuccessful negotiations since 2012. he 2019 legislative session was Two bills tried to tip the balance of similar to the one in 2017, that negotiation in favor of the power 2019 in that the legislature gave plant owners. Tmany benefits to coal country that Legislative Recap SB 252 (Sen. Duane Ankney, the rest of the state doesn’t enjoy, and R-Colstrip) would have exempted the defeated bills that would have protected plant owners from Montana’s Major Montanans from the Facility Siting Act (MFSA) so they huge liabilities of the could more easily purchase coal from cleanup at Colstrip. a different mine. The bill, which easily For example, the passed both houses of the legislature, 2017 legislature gave was opposed by MEIC and vetoed by millions of dollars in the governor. MFSA permitting takes grants to schools in only 30 days, but provides agencies and Colstrip, provided the public with important information, low interest loans in this case about where the coal will to private entities come from and about its chemical investing in Colstrip, composition, which matters, both in approved millions regard to the cleanup of the waste ash of dollars in grants ponds, and because the Colstrip plant to coal country for was designed specifically to burn infrastructure, and Colstrip Power Rosebud coal. Plant. Photo by more. This year’s legislature followed The other bill, HB 487 (Rep. Jim Flickr user Wild suit. In both sessions the legislature Keane, ) was opposed by MEIC Earth Guardians. D-Butte rejected a bill that would have protected but signed by the governor. It allows Montanans’ pocket books by requiring NorthWestern Energy or any other the Colstrip owners to post adequate company to obtain a low-interest bonds to cover the extensive clean-up loan from the State to purchase and/ costs at the plant. or operate the Colstrip plant, and to One recurring theme this time install the infrastructure needed to was the attempt to help the Colstrip transport coal from a different mine. power plant owners in a private The existing loan program is currently contract dispute between them and capped at $10 million per loan, but HB the neighboring Rosebud mine (which 467 allows the State to loan up to $50 provides all the coal for the plant) over million for those interested in investing the price of the coal. Westmoreland in coal plants. Coal Co., which recently emerged The Otter Creek coal tracts were from bankruptcy, owns the Rosebud again debated in the legislature. The mine. The contract between the mine original lease of State land for the and the plant owners terminates at the proposed Otter Creek coal mine in

continued on page 18

May 2019 10 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER Hardrock Mining Laws Escape Change by Derf Johnson – one who could provide sufficient bonding and continue operating the he laws governing the mine. After a series of amendments were 2019 environmental impacts added to the bill, MEIC became neutral Legislative Recap associated with hardrock mining on its passage. Tchanged very little during the 2019 Surprisingly, LC 973 (Sen. Fred legislative session. Thomas, ) was drafted, HB 722 R-Stevensville (Rep. Steve Gunderson, but never introduced. This bill would R-Libby) was passed and then signed by have amended the “Bad Actor” provision Gov. Steve Bullock. This bill reforms the of Montana’s hardrock mining law way in which the Montana Department to narrow its application and force. of Environmental Quality is able to The wording was drafted in order to transfer permits for mines when the diminish or neutralize the ability of the mine’s permit has been suspended State to pursue its current case against because of bond inadequacy. The bill Phillips S. Baker, the CEO of Hecla is meant to address the disaster at the Mining, which wants to develop both Montana Tunnels mine, where the the Rock Creek and Montanore mines current permit holder failed to provide in the Cabinets Mountain Wilderness. the State with several million dollars in Baker was formerly affiliated with additional bonding needed to address Pegasus Gold, the company that the failing high wall of the mine and the declared bankruptcy in the late 1990s impacts to Clancy Creek. The mine has and left Montana taxpayers with tens not operated for several years, and both of millions of dollars in clean-up Cabinet Mountains Wilderness. Photo the mining industry and DEQ believe obligations at the Zortman/Landusky that it would be beneficial if the permit by Flickr user mine alone. USFS. could be transferred to a new operator

Clean and Healthful, it’s Your Right, Our Mission. May 2019 11 MONTANA ENVIRONMENTAL INFORMATION CENTER Nutrient Pollution Bill Down the Drain

by Derf Johnson introduced the legislation in order to keep an “insurance policy” alive, as s discussed in the March 2019 he characterized it, in case a federal Legislative Recap 2019 issue of Down to Earth, district court judge in Great Falls issued Rep. Bill Mercer (R-Billings) an order in pending litigation ruling Aintroduced legislation (HB 625) that that Montana’s nutrient standards would have entirely repealed Montana’s variances were illegal. Those variances numeric nutrient water pollution were designed to give large industry standards. The standards are critical polluters, as well as municipalities, to protecting and restoring Montana’s additional time to come into compliance rivers, streams, and lakes, as nutrients with the standards and avoid penalties are one of the leading causes of water (because of economic and engineering quality impairment. HB 625 passed considerations). the Montana House on a 60 to 39 vote, The federal judge did issue such and was sent to the Senate. an order in March 2019, ruling that Granite Fall,s Rep. Mercer, an attorney in his Cabinet Mountains Montana’s variances did not comply Wilderness. Photo “day job” who represented several with federal law, and ordered the by Flickr user Troy industry polluters on Montana’s interested parties to participate Smith. Nutrient Pollution Work Group, in a process trying to agree on a potential compromise proposal. Because of this, and the complex it y of the issue, Rep. Mercer ultimately withdrew the legislation from consideration in the Senate. It is very likely that the 2021 legislature will again consider nutrient standards and variance legislation.

May 2019 12 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER 2019 MEIC Legislative Voting Record

MEIC’s Legislative Voting Record has been produced after every session of the since 1974. MEIC generally chooses second reading votes unless a third reading vote or a vote on an amendment more accurately reflects legislators’ positions on an issue. We encourage you to check on how your legislators voted and to talk to them about those votes. Don’t forget to thank them when they voted correctly. But please remember that in order to fully evaluate a legislator, you must also consider committee performance, influence on the floor debates, and responsiveness to constituents. The “ ” and “X’s” in the Voting Record do not represent “yes” or “no” votes; they indicate whether the vote supported or opposed MEIC’s position.

Bill Descriptions

A = HJ 4 (Rep. , R-Ronan). E = SB 331 (Sen. Tom Richmond, R-Billings). Asks Congress to take control of coal exports Would have let NorthWestern Energy escape and force Washington State to approve the PSC oversight and buy more of Colstrip at the Millennium Export facility. expense of consumers. MEIC Position: MEIC Position: Oppose. Oppose. Votes used: Votes used: • Senate: 2nd reading, passed 32 to 18. • Senate: 3rd reading, passed 27-22. • House: 3rd reading, failed 37-60. • House: 2nd reading, passed 73 to 27. Status: Status: Passed as a resolution. Died in process. B = HB 144 (Rep. Alan Redfield, R-Livingston). F = HB 22 (Rep. , R-Livingston). Would have eliminated solar and energy Originally a good bill, but Sen. Tom Richmond conservation tax credits. tried (and failed) to hijack it in an attempt to add MEIC Position: Oppose. wording from SB 331. Vote used: MEIC Position: Oppose. Vote used: • House: 2nd reading, passed 56-44. Status: Died in the Senate Taxation Committee. • Senate: Vote to send bill to a “free conference C = SB 252 (Sen. Duane Ankney, R-Colstrip). committee,” where SB 331 wording could have Would have exempted certain coal-burning been added. Legislators knew this vote was to plants from the Major Facilities Siting Act. keep the “Colstrip bailout” idea alive. Failed 21-28. MEIC Position: Oppose. Status: Votes used: Died in process. • Senate: 2nd reading, passed 29-20. • House: 2nd reading, passed 69-31. Status: Vetoed by Gov. Bullock. D = SB 329 (Sen. Tom Richmond, R-Billings). Would allow the Land Board to grant a 10- year extension for the Otter Creek coal leases. MEIC Position: Oppose. Votes used: • Senate: 3rd reading, passed 28-21. • House: 3rd reading, passed 66-31. Status: Vetoed by Gov. Bullock.

Clean and Healthful, it’s Your Right, Our Mission. May 2019 13 MONTANA ENVIRONMENTAL INFORMATION CENTER

G = HB 597 (Rep. Daniel Zolnikov, R-Billings). J = HB 476 (Rep. , D-Butte). A Public Service Commission reform bill Allows the Board of Investments to provide that almost became a Colstrip bailout bill, just $50 million loan to purchase coal-fired generating like SB 331. facilities. MEIC Position: Oppose. MEIC Position: Oppose. Vote used: Votes used: • House: 2nd reading, vote to send bill to a “free Senate: 3rd reading, passed 34-15. conference committee,” where SB 331 wording House: 3rd reading, passed 71-28. could have been added. Legislators knew this Status: Signed by Gov. Bullock. vote was to keep the “Colstrip bailout” idea alive. Passed 52-48. K = HB 625 (Rep. Bill Mercer, R-Billings). Status: Signed by the governor without Colstrip Would have eliminated the numeric nutrient bailout language. standards under Montana’s Water Quality Act. MEIC Position: Oppose. H = HB 487 (Rep. Derek Skees, R-Kalispell). Vote used: Would have undermined Montana’s • House: 3rd reading, passed 60-39. Renewable Portfolio Standard by allowing Status: Died in the Senate Natural Resources electricity generated at 100+ year-old dams to Committee. count toward standard. L = SB 190 (Sen. Mike Phillips, D-Missoula). MEIC Position: Oppose. Votes used: Would have required the State to develop a plan to reduce greenhouse gas emissions incrementally. • Senate: 3rd reading, passed 31-18. MEIC Position: Support. • House: 3rd reading, passed 64-32. Vote used: Status: Vetoed by Governor Bullock. I = HB 513 (Rep. Chris Pope, R-Bozeman • Senate: The bill was tabled (killed) in the Senate ). Energy Committee. This was a motion to move Would have increased the flexibility of utilities the bill to the Senate floor failed 21-29. in meeting the Community Renewable Energy Status: Project requirement of Renewable Portfolio Died in process. Standard. M = SB 199 (Rep. Tom Richmond, R-Billings). MEIC Position: Support. Would have increased utility company profits Vote used: by removing PSC oversight of utility expenses. • House: 3rd reading, passed 75-24 MEIC Position: Oppose. Status: Died in the Senate Energy Committee. Vote used: • Senate: 3rd reading, passed 31-19. Status: Died in the House Energy Committee. N = HB 467 (Rep. , D-Bozeman). Would allow a utility to refinance its debt on assets that are either retired or replaced. MEIC Position: Support. Vote used: • Senate: 3rd reading, 32-18. Status: Signed by Gov. Bullock.

Conservation champion Rep. Denise Hayman (D-Bozeman).

May 2019 14 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL 2019 Voting Record: Montana Senate INFORMATION CENTER

Senator Town Score A C D E F H J L M N Ankney, Duane Colstrip 10% 6 6 6 6 6 6 6 6 6 4

Barrett, Dick Missoula 100% 4 4 4 4 4 4 4 4 4 4

Bennett, Bryce Missoula 100% 4 4 4 4 4 4 4 4 4 4

Blasdel, Mark Kalispell 0% 6 6 6 6 6 6 6 6 6 6

Bogner, Kenneth Miles City 0% 6 6 6 6 6 6 6 6 6 6

Boland, Carlie Great Falls 100% 4 4 4 4 4 4 4 4 4 4

Brown, Dee Hungry Horse 40% 6 4 4 4 4 6 6 6 6 6

Cohenour, Jill East Helena 100% 4 4 4 4 4 4 4 4 4 4 Cuffe, Mike Eureka 0% 6 6 6 6 6 6 6 6 6 6 2019 Ellis, Janet Helena 100% 4 4 4 4 4 4 4 4 4 4

Ellsworth, Jason Hamilton 20% 6 6 6 6 4 6 6 6 6 4 Legislative Recap

Esp, John Big Timber 20% 6 6 6 4 6 6 4 6 6 6

Fielder, Jennifer Thompson Falls 50% 6 4 4 4 6 E E 4 6 6

Fitzpatrick, Steve Great Falls 13% 6 E 6 6 E 6 6 6 6 4

Flowers, Pat Belgrade 90% 4 4 4 4 4 4 6 4 4 4

Gauthier, Terry Helena 20% 6 6 6 6 4 6 6 6 6 4

Gillespie, Bruce Ethridge 10% 6 6 6 6 6 6 6 6 6 4 MEIC Lead

Gross, Jen Billings 90% 4 4 4 4 4 4 6 4 4 4 Lobbyist, Anne Hedges Hinebauch, Steve Wibaux 20% 6 6 6 6 4 6 6 6 6 4

Hoven, Brian Great Falls 10% 6 6 6 6 6 6 6 6 6 4

Howard, David Park City 25% 6 6 E E 4 6 6 6 6 4

Jacobson, Tom Great Falls 70% 4 6 4 4 4 6 6 4 4 4

Kary, Doug Billings 10% 6 6 6 6 4 6 6 6 6 6

Keenan, Bob Bigfork 40% 6 4 6 4 6 6 4 6 4 6

Lang, Mike Malta 10% 6 6 6 6 4 6 6 6 6 6

MacDonald, Margie Billings 100% 4 4 4 4 4 4 4 4 4 4

Malek, Sue Missoula 100% 4 4 4 4 4 4 4 4 4 4

McClafferty, Edie Butte 90% 4 4 4 4 4 4 4 4 6 4

McConnell, Nate Missoula 100% 4 4 4 4 4 4 4 4 4 4

McNally, Mary Billings 90% 4 4 4 4 4 4 6 4 4 4

Olszewski, Albert Kalispell 10% 6 6 6 6 4 6 6 6 6 6

Osmundson, Ryan Buffalo 0% 6 6 6 6 6 6 6 6 6 6

Phillips, Mike Bozeman 90% 4 4 4 4 4 4 6 4 4 4

Pomnichowski, J.P. Bozeman 100% 4 4 4 4 4 4 4 4 4 4

Regier, Keith Kalispell 10% 6 6 6 6 6 6 6 6 6 4

Richmond, Tom Billings 0% 6 6 6 6 6 6 6 6 6 6

Sales, Scott Bozeman 0% 6 6 6 6 6 6 6 6 6 6

Salomon, Daniel Ronan 10% 6 6 6 6 6 6 6 6 6 4

Sands, Diane Missoula 100% 4 4 4 4 4 4 4 4 4 4

Sesso, Jon Butte 40% 6 6 4 6 6 6 4 4 6 4

Small, Jason Busby 10% 6 6 6 6 6 6 6 6 6 4

Smith, Cary Billings 0% 6 6 6 6 6 6 6 6 6 6

Smith, Frank Poplar 80% 4 6 4 4 4 4 6 4 4 4

Tempel, Russ Chester 0% 6 6 6 6 6 6 6 6 6 6

Thomas, Fred Stevensville 10% 6 6 6 6 6 6 6 6 6 4

Vance, Gordon Belgrade 0% 6 6 6 6 6 6 6 6 6 6

Vuckovich, Gene Anaconda 60% 6 4 6 6 4 4 6 4 4 4

Webb, Roger Billings 10% 6 6 6 6 4 6 6 6 6 6

Webber, Susan Browning 100% 4 4 4 4 4 4 4 4 4 4

Welborn, Jeffrey Dillon 0% 6 6 6 6 6 6 6 6 6 6 Senator Town Score A C D E F H J L M N

Clean and Healthful, it’s Your Right, Our Mission. May 2019 15 MONTANA ENVIRONMENTAL INFORMATION CENTER 2019 Voting Record: Montana House

Representative Town Score A B C D E G H I J K Abbott, Kim Helena 90% 4 4 4 4 4 6 4 4 4 4

Anderson, Fred Great Falls 10% 6 6 6 6 6 6 6 4 6 6

Bachmeier, Jacob Havre 50% 6 4 6 6 4 6 4 4 6 4

Bahr, Jade Billings 100% 4 4 4 4 4 4 4 4 4 4

Ballance, Nancy Hamilton 10% 6 6 6 6 6 6 6 4 6 6

Bartel, Dan Lewistown 13% 6 6 6 E E 4 6 6 6 6

Beard, Becky Elliston 30% 6 6 6 6 4 4 6 4 6 6

Bedey, David Hamilton 10% 6 6 6 6 6 6 6 4 6 6 2019 Berglee, Seth Joliet 11% 6 6 6 6 4 6 E 6 6 6 Bessette, Barbara Great Falls 60% 6 4 4 4 4 6 6 4 6 4

Legislative Recap Bishop, Laurie Livingston 90% 4 4 4 4 4 6 4 4 4 4

Brown, Bob Thompson Falls 20% 6 6 6 6 4 4 6 6 6 6

Brown, Zach Bozeman 90% 6 4 4 4 4 4 4 4 4 4

Burnett, Tom Bozeman 20% 6 6 6 6 6 6 6 4 4 6

Buttrey, Edward Great Falls 10% 6 6 6 6 6 6 6 4 6 6

Caferro, Mary Helena 80% 4 6 6 4 4 4 4 4 4 4

Curdy, Willis Missoula 89% 4 4 4 4 4 6 E 4 4 4

Custer, Geraldine Forsyth 10% 6 6 6 6 6 6 6 4 6 6

Devries, Greg Jefferson City 20% 6 6 6 6 4 4 6 6 6 6

MEIC Lobbyist, Doane, Alan Bloomfield 20% 6 6 6 6 4 6 6 4 6 6

Derf Johnson. Dooling, Julie Helena 10% 6 6 6 6 6 6 6 4 6 6

Dudik, Kimberly Missoula 90% 4 6 4 4 4 4 4 4 4 4

Dunn, David Kalispell 30% 6 6 6 6 4 4 6 4 6 6

Dunwell, Mary Ann Helena 100% 4 4 4 4 4 4 4 4 4 4

Duram, Neil Eureka 30% 6 6 6 6 4 4 6 4 6 6

Farris-Olsen, Robert Helena 90% 4 4 4 4 4 4 4 4 6 4

Fern, Dave Whitefish 60% 6 4 4 6 6 4 4 4 6 4

Fitzgerald, Ross Fairfield 10% 6 6 6 6 6 6 6 4 6 6

Fleming, Frank Billings 30% 6 6 6 6 4 4 6 4 6 6

Fuller, John Kalispell 10% 6 6 6 6 4 6 6 6 6 6

Funk, Moffie Helena 90% 4 4 4 4 4 4 4 4 6 4

Galt, Wylie Martinsdale 0% 6 6 6 6 6 6 6 6 6 6

Garcia, Rodney Billings 25% 6 4 6 E E 6 6 4 6 6

Garner, Frank Kalispell 10% 6 6 6 6 6 6 6 4 6 6

Glimm, Carl Kila 20% 6 6 6 6 4 4 6 6 6 6

Greef, Sharon Florence 10% 6 6 6 6 6 6 6 4 6 6

Grubbs, Bruce Bozeman 10% 6 6 6 6 6 6 6 4 6 6

Gunderson, Steve Libby 10% 6 6 6 6 6 4 6 6 6 6

Hamilton, Jim Bozeman 100% 4 4 4 4 4 4 E 4 4 4

Hamlett, Bradley Cascade 30% 6 4 6 6 4 6 6 4 6 6

Harvey, Derek Butte 30% 6 4 6 6 4 6 6 6 6 4

Hayman, Denise Bozeman 100% 4 4 4 4 4 4 4 4 4 4

Hertz, Greg Polson 0% 6 6 6 6 6 6 6 6 6 6

Holmlund, Kenneth Miles City 10% 6 6 6 6 6 6 6 4 6 6

Hopkins, Mike Missoula 20% 6 6 6 6 6 6 6 4 6 4

Jones, Llew Conrad 10% 6 6 6 6 6 6 6 4 6 6

Karjala, Jessica Billings 100% 4 4 4 4 4 4 4 4 4 4

Kassmier, Joshua Fort Benton 10% 6 6 6 6 6 6 6 4 6 6

Keane, Jim Butte 10% 6 4 6 6 6 6 6 6 6 6

Kelker, Kathy Billings 90% 4 4 4 4 4 6 4 4 4 4 Representative Town Score A B C D E G H I J K

May 2019 16 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION 2019 Voting Record: Montana House CENTER

Representative Town Score A B C D E G H I J K Keogh, Connie Missoula 100% 4 4 4 4 4 4 4 4 4 4

Kerr-Carpenter, Emma Billings 90% 4 4 4 4 4 6 4 4 4 4

Knudsen, Casey Malta 0% 6 6 6 6 6 6 6 6 6 6

Knudsen, Rhonda Culbertson 10% 6 6 6 6 6 4 6 6 6 6

Krautter, Joel Sidney 10% 6 6 6 6 6 6 6 4 6 6

Krotkov, Jasmine Neihart 100% 4 4 4 4 4 4 4 4 4 4

Lenz, Dennis Billings 10% 6 6 6 6 6 4 6 6 6 6

Loge, Denley Saint Regis 10% 6 6 6 6 6 6 6 4 6 6 Lynch, Ryan Butte 30% 6 4 6 6 4 6 6 6 6 4 2019 Mandeville, Forrest Columbus 30% 6 4 6 6 4 4 6 6 6 6

Manzella, Theresa Hamilton 30% 6 4 6 6 4 4 6 6 6 6 Legislative Recap

Marler, Marilyn Missoula 100% 4 4 4 4 4 4 4 4 4 4

McKamey, Wendy Great Falls 10% 6 6 6 6 6 6 6 4 6 6

Mercer, Bill Billings 10% 6 6 6 6 6 6 6 4 6 6

Moore, Frederick Miles City 10% 6 6 6 6 6 6 6 4 6 6

Moore, Terry Billings 30% 6 6 6 6 4 6 6 4 4 6

Morigeau, Shane Missoula 80% 4 4 4 4 4 6 4 4 6 4

Mortensen, Dale Billings 17% 6 6 6 6 6 4 E E E E

Noland, Mark Bigfork 20% 6 6 6 6 4 4 6 6 6 6 Olsen, Andrea Missoula 100% 4 4 4 4 4 4 4 4 4 4 MEIC Lobbyist, Peppers, Rae Lame Deer 70% 6 4 4 6 4 4 4 4 6 4 Brian Fadie.

Perry, Zac Hungry Horse 90% 4 4 4 4 4 6 4 4 4 4

Pierson, Gordon Deer Lodge 20% 6 4 6 6 6 6 6 4 6 6

Pope, Christopher Bozeman 100% 4 4 4 4 4 4 4 4 4 4

Read, Joe Ronan 30% 6 4 6 6 6 4 6 4 6 6

Redfield, Alan Livingston 10% 6 6 6 6 4 6 6 6 6 6

Regier, Matt Columbia Falls 30% 6 6 6 6 4 4 6 4 6 6

Ricci, Vince Laurel 30% 6 6 6 6 4 4 6 4 6 6

Runningwolf, Tyson Browning 100% 4 4 4 4 4 4 4 4 4 4

Ryan, Marilyn Missoula 90% 4 4 4 4 6 4 4 4 4 4

Sales, Walt Manhattan 10% 6 6 6 6 6 6 6 4 6 6

Schreiner, Casey Great Falls 50% 6 4 6 4 4 6 6 4 6 4

Shaw, Ray Sheridan 10% 6 6 6 6 6 6 6 4 6 6

Sheldon-Galloway, Lola Great Falls 20% 6 6 6 6 4 4 6 6 6 6

Skees, Derek Kalispell 20% 6 6 6 6 4 4 6 6 6 6

Smith, Bridget Wolf Point 80% 4 4 4 6 4 6 4 4 4 4

Stewart-Peregoy, Sharon Crow Agency 80% 6 4 4 4 4 4 4 4 6 4

Sullivan, Katie Missoula 100% 4 4 4 4 4 4 4 4 4 4

Sweeney, Mark Philipsburg 50% 6 4 6 6 4 6 4 4 6 4

Tschida, Brad Missoula 13% 6 6 6 E E 4 6 6 6 6

Usher, Barry Billings 20% 6 6 6 6 4 4 6 6 6 6

Vinton, Sue Billings 20% 6 6 6 6 4 4 6 6 6 6

Weatherwax Jr., Marvin Browning 80% 4 4 6 4 4 4 6 4 4 4

Webb, Peggy Billings 20% 6 6 6 6 4 6 6 4 6 6

Welch, Tom Dillon 10% 6 6 6 6 6 6 6 4 6 6

White, Kerry Bozeman 20% 6 6 6 6 4 6 6 4 6 6

Windy Boy, Jonathan Box Elder 40% 6 4 6 6 6 4 4 4 6 6

Winter, Tom Missoula 90% 6 4 4 4 4 4 4 4 4 4

Woods, Tom Bozeman 100% 4 4 4 4 4 4 4 4 4 4

Zolnikov, Daniel Billings 10% 6 6 6 6 6 6 6 4 6 6 Representative Town Score A B C D E G H I J K

Clean and Healthful, it’s Your Right, Our Mission. May 2019 17 MONTANA ENVIRONMENTAL INFORMATION CENTER Coal at Legislature (continued from page 2)

southeastern Montana was good for 10 help coal country. SB 264 (Sen. Jason years. SB 329 (Sen. Tom Richmond, Small, R-Busby) requires companies R-Billings) would have doubled the involved in remediation at Colstrip life of those leases . MEIC opposed to pay workers the prevailing wage. the bill and thankfully the governor Higher paid jobs will lead to a more vetoed it. skilled workforce and probably better Rep. remediation. The other bill, SB 191, (R-Roundup) introduced introduced by Sen. Ankney, will allow two bills to send more local governments to set aside existing money to coal country. HB revenue from coal-related taxes in a 292 will double the money local trust fund, to be used at a later that goes coal-impacted date. Currently local governments are communities from $1.6 not allowed to save money for a rainy million to $3.3 million day. The bill authorizes this type of each year until 2023. MEIC savings account for coal communities supported the bill because the so they can prepare for the transition money can be used to deal with the in energy markets. decline in coal use for coal-dependent Finally, the best coal bill that failed communities. The bill was signed by to pass was SB 336 (Sen. Janet Ellis, the governor. Usher’s other bill, HB D-Helena). SB 336 would have required 403, lowers the tax rate on coal from the Department of Environmental underground mines and extends that Quality to impose adequate bonds on lower rate until 2030. The loss of these Talen Energy by the end of 2019 for taxes will reduce general fund revenue, the cleanup of the Colstrip plant’s waste university revenue, and county revenue ash ponds. Talen is the only owner by millions of dollars each year. The of the plant that is not regulated by bill was signed by the governor. a state utility commission and it has Sen. Richmond also introduced SB to sell electricity on the open market 328, which was opposed by MEIC. to cover its expenditures, meaning The bill passed the legislature and it is subject to market forces that the was signed by the governor. It allows regulated utility owners are not. Talen local governments to grant new or also owns the second largest percentage expanded surface mines, such as the share of the plant. That means its share Rosebud mine, a 50% tax abatement of the estimated $700 million clean-up for up to 10 years. It’s frustrating when liability for the coal ash ponds will be local governments frequently want the huge, but it doesn’t have a customer State to step in when they don’t have base to help pay those costs, making sufficient revenue to fund schools and its ability to pay riskier than the other infrastructure, yet they request the Colstrip owners. The bill was defeated authority to lower taxes on coal mines. by Colstrip’s Sen. Ankney and other MEIC supported two other bills Republicans on the Senate Energy passed and signed by the governor to Committee.

May 2019 18 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER Rock Creek Mine (continued from page 2)

The mine would tunnel under a lawsuit by Montana’s Department the Cabinet Mountains Wilderness of Environmental Quality (DEQ). to access underground ore deposits. The agency has sued to stop Hecla That process would drain water Mining Co., from proceeding with from wilderness streams, harming the Rock Creek mine, and the nearby bull trout and other native fish that Montanore mine, because Hecla depend on the cold, clean streams to is in violation of the State’s “bad survive. Mining would permanently actor” mining law. Hecla’s CEO, alter the groundwater system so that Phillips Baker, formerly served as the substantial damage to area streams Vice-President and CFO of Pegasus could never be undone. Gold Corp., which operated and DNRC, however, intentionally abandoned multiple cyanide heap- turned a blind eye to these impacts leach gold mines across Montana and issued a water use permit for the in the 1990s. The “bad actor” law mine without considering the effects prohibits DEQ from issuing a mining of mining on flows in wilderness permit to any company whose current streams. The court’s ruling invalidates executives had previously worked the permit and sends the matter back for a company that defaulted on its to the agency for a new evaluation that clean-up obligations at another mine meets the requirements of State law. in Montana. The ruling attracted attention in the investor world where the investment advisor The Motley Fool wrote a critical review of Hecla. Its analysis concluded: “So the setback at Rock Creek is notable because it will clearly be an important mine... but only if it gets built. The same holds true for the nearby Montanore mine, which will likely experience the same environmental and regulatory headwinds that impact Rock Creek. If these two mines don’t pan out, Hecla will have a big problem on its hands.” On May 9, 2019, Hecla Mining Co. reported a first-quarter loss of $25.5 million, after reporting a profit in the same period a year earlier. The company’s shares closed at $2.04. A year ago, they were trading at $3.97. Entering Cabinet The Rock Creek mine faces Mountains Wilderness. Photo additional legal challenges, including by Flickr user Troy Smith.

Clean and Healthful, it’s Your Right, Our Mission. May 2019 19 MONTANA ENVIRONMENTAL INFORMATION CENTER NWE’s Shakedown Failed (cont’d from p. 6) executives joined other Colstrip owners, place a new form of “copper collar” on renewable energy advocates, regional Montanans. regulators, transmission experts, and The bill was passed by the House environmental groups in a report Energy Committee with slight concluding that there was no threat to amendments and appeared to be the transmission system and that it was headed for passage in the House when, incredibly valuable, and could be used in a completely unexpected move, to carry electricity conservative House Republicans joined g e n e r a t e d b y Democrats and defeated the bill on The opponents refused to be silent in the face renewable sources, third reading by a vote of 62 to 38. of NorthWestern’s self-serving and nefarious just as it has The timing of the defeat meant the bill attempt to place a new form of “copper collar” with Colstrip’s. could not be resurrected. on Montanans. NorthWestern But still NorthWestern was and many regional undeterred. Republican leaders held on transmission experts agreed that the to three unrelated bills that they believed transmission system was not in jeopardy they could “hijack” and use to revive SB of being abandoned. Quite the contrary. 331. Each day dozens of rumors surfaced It was coveted. But facts did not interfere about NorthWestern’s latest strategy. with NorthWestern’s and others’ false Amendments were drafted to place argument that without Colstrip the SB 331 in the other bills. Democratic Montana transmission system was in House members stood ready to object to jeopardy and that the lights might go out. any last-minute procedural maneuvers. When the House Energy Committee And the Capitol was full of whispers held a hearing, the testimony was even about what the governor had or had more lopsided against the bill. Two not agreed to. Luckily, after numerous current Republican PSC commissioners attempts to revive the Colstrip bailout joined former Republican commissioner bill (and some frantic days by MEIC Brad Molnar in testifying in opposition. lobbyists and its allies), the shakedown Most of the Democrat and Republican was averted. An attempt was made commissioners who had served in to link Medicaid expansion and the the past twenty years declared their State Historical Society funding to the opposition to the bill. The legislative Colstrip bill. Those attempts failed, telephone lines were lighting up with and what remained was a clear sense regular Montanans opposed, and letters about NorthWestern’s true motives. to the editor and op-ed pieces poured The deceitful and disingenuous way the in to papers across the state. Reporters bills were handled, and the outrageous refused to let backroom deals go provisions of the bills, brought disparate unexposed and editorial boards stood up interests together in opposition. for NorthWestern’s 370,000 customers But, as they say (or at least did when (and exposed Sen. Ankney’s attack on radio was the principal communications journalists).The opponents refused to medium), “stay tuned.” In the 2021 be silent in the face of NorthWestern’s legislative session, similar attempts self-serving and nefarious attempt to might be made again.

May 2019 20 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER Clean Energy (continued from page 9) (if it receives enough post-session session we were able to kill HB 144 votes) of whether all power plants before it got that far in the process. should be required to bond. We Similarly, HB 764 (Rep. Denley think they should. Loge, R-Saint Regis) was an idea HB 144 (Rep. Alan Redfield, also attempted last session. It would R-Livingston) was the biggest attack have charged electric vehicles a $100 on rooftop solar of the session. It annual registration fee on top of would have eliminated the existing, their current registration fees. MEIC modest tax credits for installing stopped this idea once again. rooftop solar or certain energy efficiency upgrades. This idea was tried last session in a different bill and Gov. Bullock vetoed it then. Perhaps as a sign of progress, this

Smith River (continued from page 3) of Down to Earth and in the texts of Montana. It’s certainly possible, but Montana history. Foreign (in this case not without you. It’s going to take Australia-based Sandfire Resources) or you, your friends, your neighbors, out-of-state corporations that see profits and your acquaintances to become to be made convince local communities involved and active and mad. (in this case White Sulphur Springs) Smith River. of the project’s benefits, and promise environmental stewardship and state- of-the-art technology. Promises made, then broken, and then a permanent scar on the land that will be an ongoing environmental liability for generations to come. But what could be different this time? The story hasn’t been fully written. But we have every ability, and frankly an obligation, to stand up and speak loudly that we want the river protected and the mining permit denied. With enough pressure, there is the possibility that we can make this a first for DEQ, and start to write a new chapter for

Clean and Healthful, it’s Your Right, Our Mission. May 2019 21 MONTANA ENVIRONMENTAL INFORMATION CENTER Thoughts from the Executive Director by Jim Jensen its millionth acre under conservation easement last year. ere are More good news is that MEIC some badly succeeded in defeating or having vetoed needed every anti-environment bill at the 2019 Hdoses of good news. legislature. This was no mean feat. In MEIC recently fact, it was so remarkable that it is hard received from the to come up with a sufficient description. Broadbent Family I want to thank all of MEIC’s Foundation a gift members who made it possible for our of $100,000 for MEIC’s endowment. lobbying team – Brian Fadie, Malcom That is the largest single donation we Gilbert, Anne Hedges, and Derf have ever received. Johnson – to win on so many fronts. Bill and Camille Broadbent are The most hideous anti-environment long-time MEIC members. They own a bill of the session was NorthWestern ranch near Stanford, MT. Bill has spent Energy’s SB 331, absolutely the most many years as a Trustee of the Montana blatant corporate power ploy since the MEIC Lobbyists: Land Reliance, an organization MEIC Brian Fadie, Jim Montana Power Co.’s bill to deregulate Jensen, Anne founded in the 1970s. His leadership the electricity industry in the 1990s. We Hedges, and Derf there developed an early financial Johnson. lost that one, but we won on SB 331. foundation for MLR, which celebrated There is more good news. MEIC has won several important lawsuits opposing the Trump Administration’s reckless push to mine and burn more fossil fuels in the West. And we were part of a coalition that sued to successfully overturn a water rights permit for mining beneath the Cabinet Mountains Wilderness. By the way, our litigation successes are to the credit of two powerful nonprofit environmental law firms: Earthjustice and the Western Environmental Law Center. They are wonderful partners and exceptional lawyers. And now on to the next victory – stopping the proposed Black Butte copper mine in headwaters of the Smith River.

May 2019 22 Protecting Montana’s natural environment since 1973. MONTANA ENVIRONMENTAL INFORMATION CENTER

MEIC - a nonprofit Coal Moratorium (continued from page 4) environmental advocate Mailing Address: P.O. Box 1184 was completed. Instead, he ordered all are willing to uphold the country’s wise Helena, MT 59624 Telephone: (406) 443-2520 parties to try and reach an agreement laws and democratic institutions. As you Web site: www.meic.org on how Interior should proceed. If the know, we are only two years into an E-mail: [email protected] parties fail to agree, each will make a administration that will deny, until its Board of Directors Bob Gentry, Missoula recommendation to the court and the last gasp, that the climate is changing and President: Vice-President: Kim Wilson, judge will decide. that the burning of coal is a significant Helena Secretary: Dustin Leftridge, Zinke’s ethically questionable and factor. So, we will have to keep the Kalispell policy-ignorant reign of terror at political and litigation heat on. Treasurer: John Rundquist, Interior is over. It’s heartening that courts Helena Bruce Bender, Missoula Charles Besançon, Missoula Alexis Bonogofsky, Billings Lowell Chandler, Missoula MEIC apparel checks all the boxes! Gusty Clarke, Helena Greg Findley, Bozeman Steve Gilbert, Helena Greg Lind, Missoula Looks good Erica Rosenberg, Washington, Very stylish hats and tees. Trust us. We’re DC Jennifer Swearingen, Bozeman authorities. Kathy Juedeman, Helena

Staff Does good Brian Fadie, Clean Energy Program Director/ Lobbyist, When you bop around town in your [email protected] MEIC shirt or cap, you’re a walking Malcolm Gilbert, Legislative advertisement for MEIC, and you are Assistant, [email protected] helping us get our name out there! Mel Griffin, Special Projects, [email protected] Anne Hedges, Deputy Director/ Feels good Lobbyist, [email protected] James Jensen, Executive Director/Lobbyist, jjensen@ On top of it all, your purchase of a shirt or meic.org hat helps pay for MEIC’s butt-kickin’ work. Derf Johnson, Staff Attorney/ Lobbyist, djohnson@meic. org Cari Kimball, Development Shirts and Hats are $20. Call or email Cari Director, [email protected] Adam McLane, Business to buy one (or more) Manager, [email protected]

As you’ve read in this issue of Down to Earth, MEIC was at the forefront of this year’s legislative session. With your help, MEIC MEIC’s purpose is to protect Montana’s clean and healthful shut down repeated efforts to force dirty energy and outrageous environment. The words “clean expenses on all Montanans. and healthful” are taken from the THANK YOU for calling legislators, donating money, writing Montana Constitution, Article II, section 3 - Inalienable Rights, letters to the editor, signing petitions, and all the other ways you which begins: “All persons stepped up to the plate for Montana’s environment. We’re super are born free and have certain proud of the people who make MEIC’s work possible. We hope inalienable rights. They include the right to a clean and healthful you’re proud of your steadfast advocacy too! environment . . . .”

Clean and Healthful, it’s Your Right, Our Mission. May 2019 23 Nonprofit Organization U.S. Postage PAID Permit No. 93 Livingston, MT

MONTANA ENVIRONMENTAL INFORMATION CENTER P.O. Box 1184 Helena, MT 59624

CHANGE SERVICE REQUESTED

Thank you, Malcolm! Every legislative session MEIC hires a legislative assistant or intern to help its lobbyists stay on track, to lobby on a few issues, and to learn the legislative “ropes.” We’ve had some great interns over the years, but few measure up to this year’s intern, Malcolm Gilbert. Malcolm is a jack-of-all-trades, and a master of more than a few. He’s been a great ally during a difficult session and really fun to have around the office. He came with great research, writing, and computer skills, and he put those to good use. He worked to keep our members informed all session as he helped MEIC navigate the transition to a new website (a huge relief to those of us less computer savvy) and kept the web site up to date, and he produced all the issues of the Capitol Monitor. Our weekly lists of tasks were accomplished because he helped make them happen. But what we valued probably more than anything was his willingness to pitch in and get the job done well – whatever that job was – combined with his sense of humor and passion for MEIC’s issues. The environmental movement in Montana was and is lucky to have him!