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Stop lobbyists from harming our water and rural communities – Daily Montanan [1]

['More From Author', 'October', 'Clint Mcrae']

Date: 2023-10-29  

As landowners who live, work, and ranch by coal mining operations, we’ve learned a lot about the coal industry.

First off, the people who do the actual labor on the ground are hardworking, proud and typically act with honor and integrity. By its nature, coal mining compromises land and water, which means that problems arise between coal operations and nearby property owners. When dealing with these inevitable conflicts, discussions with workers are respectful, honest and productive.

When coal executives and their lobbyists get involved, however, we often see the opposite – the respect shared between working people gets shoved aside as corporations pursue profit despite harm to local communities.

Sadly, two bills passed during Montana’s last legislative session that serve the narrow interests of coal lobbyists while violating the rights and safety of residents who live near coal operations and all who live downstream. The good news is that these bills still need federal approval before they can become law, and Montanans have an opportunity to stand up for ranchers, rural residents, and the many water sources endangered by this lobbyist legislation. Before discussing how we can right these wrongs, here are some details about the bills.

House Bill 576, sponsored by Rep. Rhonda Knudsen, R-Culbertson, would allow coal corporations to deplete and contaminate water sources adjacent to coal mining with minimal liability. The bill alters how damage to land and water is defined – making Montana law much more ambiguous – giving state agencies and coal companies tremendous leeway in deciding what damage looks like. This legal murkiness would all but force landowners to seek clarity from the court when water or land is damaged.

But another bill, Senate Bill 392, makes that prospect dangerous to anyone without extremely deep pockets.

SB 392, sponsored by Sen. Steve Fitzpatrick, R-Great Falls, would require litigants seeking justice for property or water damage by coal companies to pay the legal fees of a coal corporation if a judge rules in the coal company’s favor. Going to court over property disputes with coal corporations is already an intimidating and costly endeavor. However, circumstances arise where seeking justice through litigation is the only option available to protect one’s land and livelihood. SB 392 inserts enormous financial intimidation and risk so that only the wealthiest Montanans could seek justice from coal corporations. Impacted landowners would be robbed of any realistic access to our justice system.

Individually, these bills are dangerous violations of federal law. Taken together, they would be downright catastrophic for coal communities. HB 576 essentially guarantees more damages while SB 392 blocks the opportunity to seek justice for those damages. We have both witnessed neighbors’ issues or personally experienced damage to our water and land from coal mining. We’ve also seen how hard it is to get water repaired or replaced.

Many coal country ranchers and landowners testified last session and spoke directly with legislators. We described the challenges faced to protect our land and water. After hearing directly from citizens, both HB 576 and SB 392 “died” at various points within the legislative process. However, once regular citizens were gone, coal lobbyists used last minute procedural maneuvers to resurrect both bills, and legislators capitulated. Now, it’s up to regular citizens, once again, to stand up for our laws and rights.

The Office of Surface Mining Reclamation and Enforcement acts as a federal safeguard against corrupt laws like these, and must approve the bills before they can become law. OSMRE has opened a comment period through Nov. 6 and will also hold a public hearing in Billings at 1 p.m., Nov. 1 at the DoubleTree Hotel. To learn more about protecting our land, water, and neighbors in coal country during this comment period, visit NorthernPlains.org/ProtectCoalCommunities.

For almost 50 years, our laws have ensured coal mining, agriculture, and communities can coexist alongside one another. We simply want those laws upheld and hope you’ll join this effort.

Clint McRae is a Rosebud County rancher and Chair of Rosebud Protective Association, a local community group that organizes to protect the water and agricultural viability of Rosebud County.

Pat Thiele is a retired veteran, Roundup landowner, and Chair of Bull Mountain Land Alliance, a community group that stands up for land and people by advocating for prosperous family farms and ranches and a healthy local economy.

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