Two coal mining laws from the 2023 legislative session have been placed on hold by a judge pending federal review.
Chief District Judge Brian Morris ruled Montana’s two new pro-coal policies violated federal law by skipping a window for federal environmental review. That’s required of all state mining policies.
“This really is a prohibition on the state and acting on it until the feds complete their process,” Derf Johnson said.
Johnson is the deputy director for the Montana Environmental Information Center (MEIC). MEIC and state environmental regulars agreed the laws needed federal approval and asked the judge to step in. The policies redefine water quality standards for coal mining and make it more expensive and difficult for groups to sue a mining company or government agency over mining practices.
Mining companies and the state’s largest electric utility, Northwestern Energy, supported the policies.
The two laws are now on hold for seven months while the federal government can review the policies and determine their legality.