Headed Down the Stretch

Following is a quick update of selected bills affecting the citizen initiative process and citizens' access to the courts when the state fails to follow the law. You can check the final status of bills by clicking on each bill number, which will take you to the state's web site.

MCV will be producing a Scorecard at the end of the session. To get yours hot off the press, fill out this form.

HB 719 (A. Olson, R-Roundup), to significantly change the citizen initiative process.

Status: The Senate State Administration Committee killed the bill 3-2, but a motion to pull the bill from committee and put it on 2nd reading passed 25-24. It failed 2nd reading 22-27, and then was indefinitely postponed by a 27-22 vote.

HB 437 (A. Olson, R-Roundup) as originally proposed required injunctions, bonding and changes in venue for challenges to certain state permits. The Senate Natural Resources Committee deleted the provision requiring an injunction, but added new language requiring someone challenging an environmental permit to first establish the constitutionality of the underlying statute and allowing the court to award attorney fees for the defense of the case. The House accepted the amendments on April 8 by a vote of 60-40 and now he bill goes to the governor for her signature.

HB 700 (Brueggeman, R-Polson) affects citizens’ ability to challenge the operation of air-polluting facilities and requires bonding by challengers for costs and damages to the applicant. This bill passed both the House and Senate and is awaiting the governor's signature.

SB 298 (Thomas, R-Stevensville) has a similar venue provision as in HB 437. It requires anyone challenging certain permits to file the lawsuit in the county in which the facility is located. Tabled in House Judiciary.

SB 410 (Taylor, R-Proctor) would require a significant bond if a party seeks and receives an injunction or restraining order, but this requirement is limited to injunctions against agricultural or agricultural-related activities, grazing, construction, oil and gas activities, power generation, mining, technology-based activities, and timber operations. Tabled in House Judiciary

SB 350 (Grimes, R-Clancy) strictly limits what courts can order an agency to do for its failure to comply with the Montana Environmental Policy Act. Even if a court determines that the state failed to comply with MEPA, the court cannot stop the company from going ahead with the project. Remains in House Natural Resources Committee on a tie vote.

This is an URGENT ALERT!

There is good news about one bill, but we need your immediate help on four others.

Sen. Debbie Shea's bill, SB 436, to make the public vote again on banning new open-pit cyanide-leach mines is DEAD. Realizing she didn't have the votes to win on the Senate floor, Sen. Shea decided to drop her bill. However, she and her supporters said that they plan to move forward with their own initiative drive to put I-137 back on the ballot. Legislators and lobbyists appearing at the press conference in support of Sen. Shea were Senators Dan McGree (R-Laurel), Fred Thomas (R-Stevensville), Vicki Cocchiarella (D-Missoula); Representatives Gary Forrestor (D-Billings), Alan Olson (R-Roundup) and Jim Keanne (D-Butte); J.D. Lynch, lobbying for the Montana Building Trades Association, Ted Antoniolis, Missoula chapter of the Montana Mining Association, and Jon Metropoulos, lawyer for Canyon Resources Corp.

We'll fight that battle later, but for now are very pleased to have, once again, successfully defended I-137. THANKS to all who called, emailed, faxed or otherwise contacted Senators urging them to vote against SB 436. Your work paid off!

Our work continues:
There are a number of damaging bills that are being voted on in either a House committee or on the floor of the Senate in the next few days, and we need you help in urging legislators to oppose these bills:

In the Senate:

HB 437 (Rep. Alan Olson, R-Roundup) has been misleadingly described as the 'clean and healthful environment' bill. In fact, this is one of a handful of bills this session intended to make it virtually impossible for citizens to challenge State actions, even when the State is failing to protect clean water and air, or public health and safety. Although the Senate deleted some objectionable language from the bill (for example, a requirement that anyone challenging a permit must ask for an injunction and have to post a bond), other amendments were added that make it even more difficult for people to protect their right to a clean and healthful environment. These amendments do nothing except insulate State agencies and industries that refuse to protect clean air and clean water. In addition, this bill is retroactive, so any permits that are currently being appealed will have to live by these changes.

HB 437 is scheduled for a vote in the Senate on Tuesday, March 25th.

For more information contact Anne at Montana Environmental Information Center, 443-2520.

HB 700 (Rep. John Brueggeman, R-Polson) undermines citizens' ability to administratively appeal air quality permits. In the last four years the Department of Environmental Quality has issued over 700 air quality permits. Citizens have challenged less than 1% of those permits. This bill is intended to make sure citizens can't appeal any permits. HB 700 also allows DEQ to issue general permits for air quality and groundwater discharges. This means that DEQ will not be required to do site-specific analysis, or notify the public, of any individual proposal to pollute air or groundwater. For example, DEQ could do a general permit for coal bed methane discharge and never inform the neighboring community that it is permitting an extensive methane development near them. The people affected would never have any chance to comment on that permit.

HB 700 is scheduled for a vote in the Senate on Monday, March 24th.

For more information, contact Anne at Montana Environmental Information Center, 443-2520.

HB 719 will make it virtually impossible for ordinary Montanans to use the initiative process to create laws through initiative when they feel the legislature is not responsive to their needs. The citizens of Montana have used initiatives to reform mining laws, outlaw new game farms, pass campaign finance reform and make sure tobacco settlement funds are used for health care. HB 719 would make citizen petition time frames more difficult, prevent signature gathering at the primary, and prohibit using a simplified ballot title. Its many changes deliberately make the initiative process more burdensome. House Bill 719 is opposed by AARP, the American Cancer Society, the American Heart Association, the American Lung Association, Common Cause, MontPIRG, Montana Conservation Voters, Montana Environmental Information Center, Montana Senior Citizens Association, Montana Trout Unlimited, Montana Wildlife Federation, Northern Plains Resource Council, Protect Montana Kids and other organizations.

The Senate State Administration Committee is set to vote on HB 719 on Monday, March 24, and the bill will move quickly to the full Senate for consideration.

Contact Matt at MontPIRG for more information, 594-2462.

PLEASE call or e-mail your Senator TODAY. Ask him or her to VOTE NO on HB 437, HB 700 and HB 719.

* CALL your Senator at 406-444-4800 and leave a message; and/or
* E-MAIL you Senator from this list.
--------------------------------------------------------------------------------
In the House Natural Resources Committee:

VOTE NO ON SJ 19
SJ 19 is aimed quite specifically at removing legal protection from the 7 remaining METCALF Montana Wilderness Study Act areas. The Montana Wilderness Association describes it as an IRRATIONAL, UNBALANCED, and DISHONEST smokescreen for ATVs:

IRRATIONAL: SJ 19 alleges that protecting 7 high and rugged Montana wild lands (set aside over a quarter century ago by Montana U S Senators Metcalf and Mansfield) is responsible for lay-offs in the timber and mining industry and the problems of Montana farmers.

UNBALANCED: SJ 19 asks Congress to take a radical approach and ELIMINATE all protection for all 7 wild lands protected by the 1977 Montana Wilderness Study Act. (WSA) Even the Montana Logging Association told the committee members yesterday that some of these 7 areas "deserve wilderness" protection.

Yet SJ 19 allows for no deserving wild lands regardless of merits.

DISHONEST: No mention is made in SJ 19 of the real issue: Allowing 4-wheel ATVs to rip up quiet forest trails in wilderness study areas. Removing WSA protection may convert up to thirty traditional pack, saddle and foot trails in the Hyalite-Porcupine-Buffalo Horn into ATV highways. Same for West Pioneers, Big Snowies, Sapphires, and Middle Fork Judith WSAs.

The House Natural Resources Committee mark-up will occur Monday afternoon, March 24.

Please contact members of the Committee and urge them to vote NO on SJ 19.

Contact John at Montana Wilderness Association for more information, (406) 443-7350.