Jenny K. Harbine Katherine K. O’Brien Earthjustice 313 East Main Street Bozeman, MT 59715 (406) 586-9699 | Phone (406) 586-9695 | Fax
[email protected] [email protected] Attorneys for Plaintiffs MONTANA FOURTEENTH JUDICIAL DISTRICT COURT MEAGHER COUNTY MONTANA TROUT UNLIMITED, Case No. MONTANA ENVIRONMENTAL INFORMATION CENTER, TROUT UNLIMITED, EARTHWORKS, and AMERICAN RIVERS; COMPLAINT FOR Plaintiffs, DECLARATORY RELIEF v. MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY, and TINTINA MONTANA INC.; Defendants. INTRODUCTION 1. Plaintiffs Montana Trout Unlimited, Montana Environmental Information Center, Trout Unlimited, Earthworks, and American Rivers (collectively, “Plaintiffs”) challenge the Montana Department of Environmental Quality’s (“DEQ”) approval of Tintina Montana Inc.’s (“Tintina”) permit application for the Black Butte Copper Mine, a major copper mining project proposed in the Smith River watershed of west-central Montana. The Smith River is one of Montana’s premier recreational rivers due to its spectacular natural beauty and abundant wild trout populations. 2. Tintina’s proposed mine would excavate about 440 tons of concentrated copper ore every day in the Smith River watershed. Over the life of the project, these mining activities would generate an estimated 12.9 million tons of tailings and nearly one million tons of waste rock and pollute waters within the Smith River watershed with metals and acid-generating minerals that are harmful or lethal to aquatic life. 3. DEQ is the agency charged with permitting mining activity under the Metal Mine Reclamation Act (“MMRA”), MCA § 82-4-301 et seq., and evaluating the environmental impacts of proposed mining activities under the Montana Environmental Policy Act (“MEPA”), MCA § 75-1-101 et seq.