BILLINGS, Mont. (AP) — Environmental groups filed a federal lawsuit Tuesday over a proposed Montana coal mine expansion, saying potential future damage to nearby property owners' water supplies needs to be considered.
The case targets a pending application by Colorado-based Westmoreland Coal Co. to expand its Rosebud mine near Colstrip. It was filed by attorneys for the Sierra Club and Montana Environmental Information Center in U.S. District Court in Helena.
They want a court order requiring the state to make Westmoreland address water quality issues before regulators sign off on the expansion. The 25,000-acre surface mine produces about 12 million tons of coal a year.
The plaintiffs say state Department of Environmental Quality Director Richard Opper has shown a "pattern of neglect" by approving at least 10 prior mine proposals without ensuring protection of water supplies.
Their attorney, Shiloh Hernandez, said the state's past actions violated the "look before you leap" provision in federal mining law that requires regulators to make sure mine proposals won't lead to polluted water or reduced supplies.
"DEQ hasn't been enforcing this for a decade and we're concerned they won't adequately protect neighboring ranches, water and property before they allow the expansion of the Rosebud mine," Hernandez said.
Opper rejected the claim and said the state's coal mine permitting program was among the best in the country.
He added that he was disappointed in the plaintiffs for taking the case to court when the state had offered to hold discussions over the matter in November. That came after the parties in the case notified the DEQ in September that they were considering a lawsuit.
"We tried to get together with them to talk it through before they made a decision to sue us," Opper said. "That certainly would have benefited them. I don't think that's a great way of doing business."
Hernandez said there was some communication with the DEQ ahead of the lawsuit, but he acknowledged his clients did not try to negotiate a resolution before filing their complaint in court.
"We thought negotiations would be more fruitful against the backdrop of litigation," he said.
Westmoreland attorney Jennifer Grafton said the company was reviewing the lawsuit and had no immediate comment.